{"id":4411,"date":"2026-05-31T19:18:02","date_gmt":"2026-05-31T19:18:02","guid":{"rendered":"https:\/\/www.arbeidsjurist-eindhoven.nl\/?p=4411"},"modified":"2026-10-09T12:06:59","modified_gmt":"2026-10-09T12:06:59","slug":"continued-pay-illness-settlement-agreement","status":"publish","type":"post","link":"https:\/\/www.arbeidsjurist-eindhoven.nl\/en\/kennisbank\/loondoorbetaling-ziekte-vaststellingsovereenkomst\/","title":{"rendered":"Continued sick pay and a settlement agreement: how does it work?"},"content":{"rendered":"

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Continued payment of wages during illness and a settlement agreement<\/h2>\n

Loondoorbetaling bij ziekte en een settlement agreement<\/a><\/a> roept vaak vragen op. We leggen uit welke rechten je houdt op loon en uitkering.<\/p>\n

Once you are ill, your employer is obliged to continue paying your salary. But what happens if negotiations over a settlement agreement are taking place at the same time? Questions then arise about when that continued salary payment obligation ends and what that means for your financial position. This article explains how this works legally and what you should look out for.<\/p>\n

What does the continued salary payment obligation entail?<\/h2>\n

If you as an employee become ill, your employer is in principle obliged to continue paying your salary for a maximum of two years. In the first year this is generally 100% of your salary, and in the second year 70%. This is laid down in the Civil Code and forms an important protection for employees who are ill.<\/p>\n

For as long as you are ill and still employed, that obligation simply continues. Your employer cannot simply stop it part-way through, even if discussions are under way about terminating the employment.<\/p>\n

What changes when a settlement agreement comes into the picture?<\/h2>\n

A settlement agreement (VSO) is a written arrangement between you and your employer to end the employment by mutual consent. Once both parties have signed the agreement and the end date has been reached, your employment ceases to exist. And with that, your employer's obligation to continue paying your salary also ends.<\/p>\n

That may sound logical, but it has significant consequences. For as long as you are ill and still in employment, you are accruing rights. Once you sign and the employment ends, those entitlements to continued salary payments lapse. It is therefore essential that you fully understand what you are giving up at the moment you put your signature to the document.<\/p>\n

What do you receive in the period up to the end date?<\/h2>\n

An end date is agreed in the settlement agreement. Until that date your employer remains obliged to continue paying your salary, unless you make other arrangements in that regard. In some cases it is agreed that you are released from work with immediate effect, but that the salary continues to be paid until the end date. That arrangement must then be explicitly stated in the VSO.<\/p>\n

After the end date you no longer have any right to continued salary payments from your employer. What income you receive after that depends on the arrangements in the VSO and the conditions applied by benefit agencies such as the UWV.<\/p>\n

Practical points to consider regarding continued salary payment and a VSO<\/h2>\n

When assessing or signing a settlement agreement, bear the following points in mind:<\/p>\n