How do vacation days work in Track 2?
- 09/02/2026
- Posted by: Rosalie Derksen
- Category: Uncategorized
During a Track 2 return-to-work process, you generally remain employed by your employer and the statutory continued salary payment obligation during illness applies (Article 7:629 of the Dutch Civil Code). This means that during the first 104 weeks of incapacity for work, you continue to accrue statutory holiday entitlement. For a full-time employment contract, this amounts to at least 20 statutory holiday days per year (four times the agreed weekly working hours). This accrual is not affected by the percentage of work you perform or the percentage of salary you receive during illness.
Above-statutory holiday days (additional days granted under a collective labour agreement or employment contract) may be subject to different arrangements. The exact entitlement therefore depends on your employment contract and any applicable collective agreement, but the statutory minimum accrual continues in full during sickness.
What does Track 2 involve?
Track 2 return-to-work forms part of the reintegration obligations under the Dutch Gatekeeper Improvement Act (Wet verbetering poortwachter). It is initiated when it becomes clear that returning to your own role or to suitable work within the same organisation (Track 1) is not possible or not sustainable. Track 2 focuses on finding suitable employment with a different employer.
The process typically begins around the end of the first year of sickness absence, when evaluations with the occupational physician indicate that internal redeployment is not feasible. During Track 2, the employment contract remains in force, and both employer and employee share responsibility for sufficient reintegration efforts.
The objective is not necessarily full work resumption, but sustainable and suitable employment aligned with the employee’s medically established functional capacity. In most cases, the employer commissions a specialised reintegration agency to provide guidance. Only when an employee transitions into a benefit situation (such as under the Sickness Benefits Act or the Work and Income (Capacity for Work) Act – WIA) may the UWV take over reintegration support or financing.
How many holiday days do you have during a Track 2 process?
During the first 104 weeks of sickness, you accrue statutory holiday entitlement in full, regardless of your level of incapacity for work. Whether you work partially or receive 70% of your salary during illness does not affect the accrual of statutory holiday days. The minimum statutory entitlement equals four times the agreed weekly working hours per year.
In addition:
- Above-statutory holiday days accrue according to the provisions of your employment contract or collective agreement.
- Holiday days accrued prior to your sickness remain valid.
- You continue to accrue statutory holiday days for as long as the employment contract continues within the 104-week sickness period.
Once the employment contract ends and you receive a WIA benefit without an employer, you no longer accrue holiday days in the same way as during employment. In that situation, the rules of the benefit authority apply.
How does taking leave work during Track 2?
Even during sickness and Track 2, you may take holiday leave, but always in consultation with your employer. The employer must approve the holiday request. During an approved holiday period, you are exempt from reintegration activities.
Importantly, statutory holiday days may only be deducted if you are genuinely able to enjoy your holiday. If an employee is fully incapacitated and not reasonably able to benefit from a holiday period, holiday days cannot automatically be deducted.
In practice, this means you should:
- Submit your holiday request to your employer in advance;
- Coordinate the temporary suspension of reintegration activities;
- Ensure that the leave period is properly recorded.
- Holiday leave may support recovery, but it must not structurally interfere with reintegration obligations.
What happens to your holiday allowance during reintegration?
During Track 2, the regular holiday allowance arrangements continue to apply. The employer pays holiday allowance for as long as salary is paid during sickness. Holiday allowance generally amounts to 8% of the gross salary actually paid. If you receive 70% of your salary during illness (or a higher percentage under a collective agreement), the holiday allowance is calculated over the amount actually paid.
If, after 104 weeks of sickness, a WIA benefit is granted, the UWV pays holiday allowance over the benefit. This also amounts to 8% of the gross benefit and is usually paid once per year.
What other rights do you have besides holiday entitlement during Track 2?
During Track 2, you have several rights and obligations under Dutch employment law and social security legislation. Throughout the first 104 weeks of sickness, a dismissal prohibition due to illness generally applies, unless exceptional circumstances exist. Both employer and employee are responsible for sufficient reintegration efforts. Insufficient cooperation may have consequences, such as suspension of salary payment or the imposition of a wage sanction by the UWV.
You are entitled to:
- Appropriate reintegration guidance;
- A carefully drafted action plan;
- Periodic evaluations;
- Active efforts toward suitable work within or outside the organisation.
Training or additional support may form part of the reintegration plan if this contributes to realistic placement in suitable employment, but this is not an unlimited automatic right. Reimbursements and provisions are agreed within the action plan or — in a benefit situation — according to UWV regulations.
In summary, during Track 2 you retain and continue to accrue your statutory holiday entitlement in full as long as you remain employed within the first 104 weeks of sickness. At the same time, you and your employer remain jointly responsible for active and demonstrable reintegration efforts aimed at achieving sustainable and suitable employment.
How do vacation days transfer to your new job after Track 2?
Vacation days do not transfer to a new employer after completing a Track 2 return-to-work process. Under Dutch employment law, when your employment contract ends, your former employer is legally required to pay out all accrued but unused statutory and above-statutory holiday days as part of the final settlement. This payment is included in your final payslip and is calculated based on your gross salary at the time of termination. This means that any remaining vacation days are financially settled, they are not carried over to your new job.
Once you start working for a new employer, holiday entitlement begins anew under the terms of your new employment contract and any applicable collective labour agreement (cao). From your first day of employment, you accrue statutory holiday days again, which amount to at least four times your agreed weekly working hours per year (for full-time employment, typically 20 days annually). Many employers offer additional above-statutory days, depending on company policy or sector agreements.
Holiday accrual in your new role is not influenced by your previous Track 2 process. The probationary period (if applicable) does not affect your statutory holiday accrual, as this starts immediately when the employment contract begins.
In summary, unused vacation days from your Track 2 period are paid out upon termination of your former employment, and your new holiday entitlement starts fresh with your new employer.
How UFIND helps with Track 2 vacation day management
UFIND provides comprehensive guidance on managing vacation day transitions during Track 2 programs, ensuring participants understand their rights while maintaining focus on successful employment outcomes. Our approach addresses both legal requirements and practical considerations that affect benefit transitions. Our Track 2 vacation day management includes:
- Rights clarification: Clear explanation of vacation entitlements during program participation
- Employer liaison: Direct communication with current employers about benefit processing
- Timeline planning: Strategic scheduling that accommodates personal needs without disrupting program effectiveness
- Negotiation support: Guidance on discussing benefits with prospective employers
- Documentation assistance: Proper recording of benefit arrangements for legal compliance
We understand that vacation day concerns can create additional stress during already challenging transitions. Our experienced team ensures participants receive proper benefit treatment while maintaining program momentum. This dual focus supports both immediate practical needs and long-term employment success. Ready to navigate your Track 2 transition with confidence? Contact our specialists today to discuss how we can support your reintegration journey while protecting your employment benefits and vacation entitlements.