Every hospitality employee falls ill at times. That is why there are various agreements about illness in the CLA for hospitality. Below, we discuss, among other things, the percentage of continued salary payment you are entitled to. You will also find all the information about the different forms of leave in hospitality here.
The rules regarding illness in the hospitality CLA
Are you ill? Make sure to inform your employer in time. In your company regulations, you can see which rules apply for illness. If there are no company regulations, then the rules of ‘Appendix 3’ of the hospitality CLA apply. Your employer is responsible for arranging a replacement.
Everything about work & illness in one overview
If you cannot work due to illness, it is of course very unpleasant. Especially if it lasts a bit longer. When you are ill, both you and your employer have rights & obligations. Do you want to know what they are? Then download our brochure ‘Work & illness’ and discover all the rules, tips and other resources from week to week.
The hospitality CLA explains: waiting day
Are you covered by the hospitality CLA and wondering how many waiting days there are in case of illness? Your employer is allowed to withhold one waiting day from your salary each time you are ill. This means you will not receive pay for your first day of illness. Alternatively, your employer may choose to deduct an extra-statutory holiday day.
Continued payment of wages during illness in the hospitality sector
When you are ill, you naturally want to know how much salary you will continue to receive as a hospitality employee. According to the hospitality CLA, you receive 95% of your gross salary for the first 52 weeks. For the following 52 weeks, you receive 75% of your gross salary. You must adhere to the rules and regulations that apply in case of illness.
Do you work variable hours? In that case, the employer pays the average salary of the 13 weeks preceding the illness notification. If the 13-week period is not representative, a period of one year is considered.
Are you ill for a longer period? Then the occupational health service or company doctor arranges the monitoring and guidance of your illness. If you disagree with a decision of the occupational health service, you have the option to request an expert opinion from the UWV or a second opinion from another company doctor. There are costs associated with the expert opinion.
Together with your employer, you create an action plan so that you can reintegrate in a good way. In our brochure 'Work & illness' you will find all the information about this.
Do you receive a WAO, Wajong, WIA, or Sickness Benefits? Or are you off sick at home and need help with your benefits application or have questions about your reintegration? As a member, you can get information and advice from our WIA advisors.
Ill on holiday, what now?
Imagine you're on holiday and you fall ill. Or you're ill and want to go on holiday. In both cases, you are obliged to inform your employer and possibly the company doctor. If you become ill while on holiday, you must also report your sickness. It is advisable to always confirm this in writing. Your holiday days are no longer deducted and are converted into sick days from that moment. This means that your first sick day is a waiting day, and you then receive continued payment of wages during illness.
Visiting the doctor or dentist as a hospitality worker
Do you need to visit the doctor or dentist? Try to schedule the appointment outside of working hours. If that's not possible, you can request short-term leave from your employer. The condition is that it was not possible to schedule the appointment outside of working hours. Are you ill and want to see the doctor? In that case, report your sickness. This way, you retain your right to wages, except for your first sick day (the waiting day).
Taking leave in the hospitality sector
In certain situations, you are entitled to (partially) paid leave. Consider situations like pregnancy, the death of a family member, or caring for someone who is ill. We explain what is specifically arranged in the CLA hospitality and what leave you may take as a hospitality worker.
Special (extraordinary) leave according to the CLA hospitality
When you take special or extraordinary leave, you receive 100% paid leave without having to use your holiday days. You are entitled to extraordinary leave in the following cases, unless the extraordinary leave coincides with a working day on which you do not usually work:
- 4 days, but at least from the day of death to the day of the funeral, upon the death of your partner or (step)child.
- 2 days upon the death of one of your parents-in-law.
- 1 day for the burial or cremation of your brother, brother-in-law, (sister-in-law) sister or own grandparent.
- 1 day for your wedding or entering into a registered partnership, or that of your (step)child, brother, sister or (in-law) parent.
- 1 day for your 25th, 40th, 50th or 60th wedding anniversary or registered partnership, or that of your children, parents-in-law or grandparents.
You take the leave on the day of the event. In the case of multiple days of leave, you take them consecutively.
According to the CLA hospitality you do not receive special (extraordinary) leave for a move.
The CLA for hospitality and short- and long-term care leave
Is your child living at home, partner or someone close to you ill? Then you are entitled to short- or long-term care leave.
Short-term care leave is only intended for necessary care for a maximum of a few days. Therefore, the condition is that the sick person needs care and you are the only one who can provide it. If someone else (for example, the hospital) can take over the care, you are not entitled to leave. You can take a maximum of two weeks of short-term care leave per year. Your employer is obliged to continue paying at least 70% of your salary.
Do you need to take on care for a longer period? Then you are entitled to long-term care leave. Again, the condition is that the care is necessary and you are the only one who can provide it. Long-term care leave must be requested in writing two weeks in advance from the employer. Your employer can only refuse this request if the company experiences serious problems as a result of the leave. Long-term care leave is unpaid.
How is maternity leave arranged in the hospitality sector?
If you are pregnant, you are entitled to six weeks of maternity leave. Once the baby is born, you then receive at least ten weeks of maternity leave and your partner receives paternity leave. Both maternity, maternity, and paternity leave are 100% paid.
The duration of paternity leave is equal to the number of working hours per week. However, this leave must be taken within the first four weeks after the birth of the child. In addition, your partner is entitled to five working weeks of 70% paid additional paternity leave. Your employer can apply for a benefit from the UWV for this. This leave must be taken within six months after the birth of the child. The condition is that the fully paid paternity leave has already been taken by your partner.
As of 2 August 2022, you and your partner are also entitled to nine weeks of paid parental leave. During this leave, you will receive 70% of your salary. Your employer can apply for a benefit from the UWV for this. This leave must be taken within a year after the birth of the child and is flexibly deployable. For example, it is possible to take a few hours per day, spread over several weeks.
Download our brochure ‘Work, pregnancy & parenthood’ and get answers to the most frequently asked questions about pregnancy and parenthood in the hospitality sector.
Frequently asked questions about sickness and leave
How much pay do you receive when ill in the hospitality sector?
For the first 52 weeks, you receive 95% of your gross salary. If you are sick for more than a year, you will receive 75% of your gross salary for the following 52 weeks.
How many waiting days are there in case of illness?
There is one waiting day each time you are ill. This means you do not receive pay for your first day of illness. Alternatively, your employer may choose to deduct an extra-statutory annual leave day.
Are you entitled to sick pay as a hospitality worker with a zero-hours contract?
Yes! When you work variable hours, you will receive the average pay from the 13 weeks prior to reporting sick. If the 13-week period is not representative, then the annual average will be considered.
I am ill and had already planned a holiday. What does this mean?
If you have requested annual leave and it has been approved before you became ill, you retain your annual leave days so you can use them at a later date. In principle, the employer may not deduct annual leave days. Do you have any questions? Please contact us.