Waiting day during illness in the hospitality

If you are ill, you must of course inform your employer in good time. There are a number of 'rules' when you are ill, but what has changed now that there is a new CLA hospitality?

What is a waiting day?
If you fall ill, you are generally entitled to continued payment of your salary. Only if it is included in the CLA or in your contract, it may be that the first day you are ill is at your own expense and you do not receive salary for that day. Article 7.2 of the CLA hospitality 2012-2013 states that your employer can withhold a maximum of 1 waiting day per illness.

Exception
If you fall ill as a result of a workplace accident, aggression in the workplace, or pregnancy, your employer is not allowed to withhold a waiting day. A waiting day may also not be withheld again if you fall ill again within four weeks after returning to work due to the same illness.

Offsetting a waiting day
Your employer can withhold the waiting day from your salary, but they can also deduct statutory holiday hours. Holiday hours may only be deducted if the employee has given explicit permission for this. Note that a working day based on a full-time contract (38 hours) will have 7.6 statutory holiday hours deducted and not 8 hours, which is standard in many other sectors.

Continued payment of salary
If you fall ill, you are entitled to continued payment of salary for the first 104 weeks. You are entitled to at least 70% of your gross salary. If the CLA applies to your employment situation, you are entitled to 95% of your monthly salary for the first 52 weeks, except for the first day you are ill. For the following 52 weeks, you are entitled to 75% of your monthly salary.