When Employers Stop Paying Sick Leave Salary: Challenging a Wrongful ‘Loonstop’ or ‘Loonopschorting’

It is the end of the month. You check your bank account, expecting your salary to arrive. But the balance hasn’t moved. Or perhaps you received a payslip with a zero on the bottom line. You are currently on sick leave, recovering from burnout or a physical illness, so this financial shock is the last thing you need.

You contact HR, and they reply with a cold message containing legal threats. They might use Dutch terms you don’t fully understand, like loonstop or loonsanctie. They claim you are “not cooperating” with your reintegration, or that you are abroad without permission.

For an international professional living in the Netherlands, a sudden loss of income is terrifying. You have rent to pay, and often your visa depends on your income level. But you should know that an employer cannot simply press a button and cut off your livelihood. Dutch law protects sick employees fiercely. If your sick pay stopped Netherlands employer acted without following strict procedures, they are breaking the law. You can often claim your salary back, plus a significant penalty.

Understanding Sick Pay Rules in the Netherlands

Before you panic, you need to know what you are entitled to. Under Dutch law, if you are sick, the employer must continue to pay your wages for two years (104 weeks). This is the fundamental right of every employee.

The statutory minimum is 70% of your daily wage. However, for most Highly Skilled Migrants and knowledge workers, the employment contract or Collective Labour Agreement (CAO) is more generous. It is standard practice to pay 100% of the salary for the first year, and often 70% or 100% for the second year.

This payment is not a favor; it is a legal obligation. The employer cannot stop it just because they are annoyed that you are sick, or because they think your recovery is taking too long. There are only very specific, narrow grounds for an employer stopped salary sick leave action.

The Critical Difference: Loonopschorting vs. Loonstop

If you receive a letter stating your pay is being withheld, you must check which word they use. In Dutch law, there is a massive difference between a “suspension” and a “stoppage.”

1. Wage Suspension (Loonopschorting)

This is a temporary measure. The employer uses this when they cannot check if you are actually sick because you are breaking administrative rules. For example, you didn’t pick up the phone when the company doctor called, or you didn’t send your recovery address.

The Good News: This is a “pause” button. Once you fix the behavior (e.g., you finally visit the doctor), the employer must pay you all the withheld salary retroactively.

2. Wage Stoppage (Loonstop)

This is a permanent penalty. Employers use this when you are refusing to cooperate with your recovery. For example, the doctor says “you can work 2 hours a day,” and you refuse to do it without a valid medical reason.

The Bad News: This is a “stop” button. You lose the salary for the days you refused to work, and you never get it back. Employers often misuse this harsh sanction incorrectly.

When Employers Incorrectly Stop Paying Sick Leave Salary

Employers often use these sanctions as a weapon to force you back to work or to pressure you into resigning. They know that without money, you are vulnerable.

We frequently see wrongful wage suspension NL cases based on these invalid reasons:

Disagreement with the Illness: The manager says, “I saw you walking your dog, so you aren’t sick.” Or, “Burnout isn’t real.” This is not a valid reason. Only the company doctor (bedrijfsarts) can decide if you are medically incapacitated. The employer’s opinion is legally irrelevant.
Being Abroad: You went to your home country to recover with family. The employer stops your pay because you are “unavailable.” As long as you are reachable by phone and keep your appointments with the company doctor (online), being abroad is usually not a valid reason to cut off your income.
Minor Administrative Errors: You forgot to send an email update on Monday morning. The employer freezes your entire month’s salary. This is a disproportionate punishment and is often overturned by judges.

Common Misinterpretations Used Against Expats

International employees are often targeted because they do not fully understand the “Absence Protocol” (Verzuimprotocol). Employers exploit this confusion.

They might claim: “You didn’t follow instructions.” But often, those instructions were vague or communicated only in Dutch. For example, an employer might require you to be at home between 10:00 and 12:00 for a potential visit by a lay-controller. If you missed the doorbell because you were sleeping (which is normal when you are sick), they treat it as “refusing to cooperate.”

In expat sick leave pay disputes, we often see that the employer jumps to the harshest sanction immediately, without checking if the employee actually understood the rule. A simple misunderstanding is not a legal ground to starve an employee.

What Employers MUST Do Before Stopping Sick Pay

Regardless of whether they call it Loonstop or Loonopschorting, the employer must follow a strict path before they can touch your money.

If you are wondering “can employer stop paying salary during sickness NL,” check if they followed these steps:

The Written Warning: They cannot just surprise you on payday. They must first send a clear, written warning stating: “If you do not do X by [Date], we will suspend your salary.”
The Specific Instruction: The instruction must be reasonable. For example, “Visit the company doctor on Tuesday.” If you go to the doctor, they cannot stop your pay.
Immediate Notification: If they decide to stop the pay, they must inform you immediately in writing, explaining exactly why.

If your employer simply stopped paying without a warning or a clear reason, the stop is unlawful by definition.

Legal Remedies When Sick Pay Is Wrongfully Suspended

If your salary is stopped illegally, the law punishes the employer severely. You can claim much more than just the missing money.

Your lawyer can file a claim for:

The Salary Itself: Obviously, the missed wages must be paid immediately.
Statutory Increase (Wettelijke Verhoging): This is a penalty for late payment. If the salary is late, the employer owes a surcharge. This starts small but rises to 50% of the total amount owed. So, if they owe you €5,000, they might have to pay €7,500.
Statutory Interest (Wettelijke Rente): Interest on the unpaid amount.
Legal Costs: You can often ask the employer to cover the costs of your legal assistance.

Often, sending a lawyer’s letter mentioning the “50% Statutory Increase” is enough to make the employer pay within 24 hours. They know they will lose in court.

Steps Expats Should Take Immediately

If you discover that your employer stopped my sick pay Netherlands payments, do not wait. Rent is due soon. You must act fast.

Step 1: Written Protest. Send an email immediately. “I noticed my salary has not been paid. I dispute any reason for this suspension. I am fully cooperating with my reintegration. Please transfer the funds within 24 hours.”
Step 2: Check the Bedrijfsarts. If they claim you are not sick, request an immediate appointment with the company doctor. Their medical opinion overrules the manager’s opinion.
Step 3: Call a Lawyer. If the money is not there in 24 hours, you need legal pressure. A wage claim lawyer can start a summary proceeding (Kort Geding) to force payment. This is an urgent procedure; you don’t have to wait months for a verdict.

Frequently Asked Questions About Sick Pay Disputes

Can my employer stop my salary if I miss one email?
No. A sanction must be proportional. Stopping a full month’s salary for one missed email is usually considered unreasonable by Dutch judges.

Does a Loonstop affect my visa?
Indirectly, yes. If your income drops below the IND threshold for a prolonged period, it could trigger questions. This makes it even more urgent to fix the payment immediately.

Can they stop paying if I am sick due to a cosmetic surgery?
Generally, yes. If the illness is intentionally self-inflicted (like optional cosmetic surgery without medical necessity), the employer might not have to pay. However, complications arising from surgery are often covered.

Get Legal Help to Reclaim Your Salary

Has your employer cut off your income while you are sick? Are they using financial pressure to force you to resign?

This is aggressive and often illegal. Our team specializes in wage claims for international professionals. We know how to unlock your blocked salary. We can demand the payment of your wages plus the maximum penalties.