Getting sick in the hospitality industry

What you need to know about your wage and rights

Working in the hospitality industry is dynamic, and every day is different. But what happens if you get sick? This article simply explains how everything works with your wage and what your rights are if you cannot work due to illness. Here are the key points:

  • Waiting day: You do not receive any wage on the first day you are sick. This is called the waiting day.

  • Exceptions to the waiting day: No waiting day for illness due to an accident at work or aggression against you.

  • Wage continuation: You will receive 70% of your wage paid for up to 104 weeks. In the first year, this is at least the minimum wage.

  • Extra payment: Possibility of an extra payment on top of the continued wage, up to 95% of your wage in the first year and 75% in the second year.AOW Beneficiaries: Special rules for AOW beneficiaries with a maximum wage continuation of 6 weeks.

  • Conditions for extra payment: You must cooperate with your recovery and meet any other requirements to qualify for extra payment.

  • Wage for variable hours: The wage is calculated based on the average number of hours worked in the last 13 weeks.

  • Returning to work: When partially resuming work, your wage will be adjusted and supplemented according to the rules.

  • Right of recourse: If your illness is caused by someone else, your employer can claim compensation. You must cooperate with this.

  • Importance of following rules: Not following the rules can lead to loss of the right to extra payment.

Your first sick day: waiting day

On the very first day you are sick, you do not receive any wage. This is called the 'waiting day'. If you become sick again within four weeks after your previous sick report, this day does not count as a waiting day again. There are exceptions, such as when your illness is caused by an accident at work or by aggression against you as an employee. Sometimes your employer may choose to use a holiday day for this waiting day.

Wage continuation during illness in the hospitality industry

If you work in the hospitality industry and become sick, you will first receive 70% of your wage paid for up to 104 weeks. In the first year, you will receive at least the minimum wage. On top of that, you may sometimes receive extra money, depending on your situation. This can be up to 95% of your wage in the first year and 75% in the second year. The rules are slightly different if you are already receiving AOW: then your wage will be paid for a maximum of six weeks.

There are a few rules for that extra payment. For example, you will not receive the extra amount if your contract is about to expire and you then become sick. Also, you can never receive more than the legal maximum daily wage.

Conditions for extra payment during illness

To qualify for the extra payment, you must meet certain conditions, such as cooperating with your recovery and assisting if your employer wants to reclaim money from someone else because you became ill. If you do not follow the rules, you will not receive extra money.

Variable hours?

In the hospitality industry, you often work varying hours. If you become sick, they look at the average of the last 13 weeks to determine how much wage you will receive. If this period does not match how much you normally work, they can take a different period to calculate this.

Returning to work after illness

When you start working again, even if it's only partially, you will receive a wage that matches your activities. This will be supplemented until you are back to the level before your illness, depending on how much you work.

If someone else is responsible for your illness

If you have become ill due to someone else's mistake, your employer can ask this person for compensation. You must then assist with the investigation into what happened.

Working in the hospitality industry means being able to switch quickly and work hard, but also taking good care of yourself. If you become sick, it's important to know where you stand with your wage and your rights. We hope this article helps you get everything clear. For more information on the rules and rights regarding sick leave, consult the CAO for the hospitality industry.