After Rotterdam District Court referred the issue, the court invited written comments by 5 June 2026 on whether incapacitated employees accrue holidays with wage value after 104 weeks of illness.
The move aims to resolve conflicting lower-court rulings, including Gelderland's 2025 decision favouring accrual under European law and Noord-Nederland's ruling that unpaid dormant employees cannot claim paid holidays.
The outcome could affect many Dutch employers and workers because ending dormant contracts requires a UWV dismissal permit, a process taking at least four to six weeks plus notice.
As Dutch law changes, will this ruling redefine the financial obligations tied to long-term employee illness?
Will the Supreme Court grant long-term sick employees a major new financial right based on European law?