Netherlands Mandates 70% Sick Pay for Two Years
Dutch employers must pay sick workers at least 70% of wages for up to 104 weeks, while the U.S. has no federal paid sick leave law for private-sector workers.
Updated on Nov. 4, 2026 in Human Resources
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Dutch employers generally must pay sick employees at least 70% of wages for up to 104 weeks, with first-year payments supplemented to meet the statutory minimum wage where applicable. In the United States, no federal law guarantees paid sick leave for private-sector workers.
Why it matters
The contrast highlights how sick pay protections differ sharply across countries, affecting workers' income security during long-term illness. A June 2026 settlement involving JCPenney also illustrates how disability protections can be tested in U.S. workplaces.
The Netherlands sets a 70% minimum wage replacement for up to 104 weeks, far above the U.S. FMLA framework of 12 weeks of job-protected but generally unpaid leave. The JCPenney settlement of $99,000 resolved the case without a finding of liability.
The players
JCPenney
A major U.S. department store chain whose Georgia warehouse was the site of the disability discrimination allegations and settlement.
U.S. Equal Employment Opportunity Commission (EEOC)
The federal agency that enforces workplace discrimination laws and brought the lawsuit alleging JCPenney denied a disability accommodation.
The details
A Georgia JCPenney warehouse employee undergoing breast cancer treatment requested time off for medical appointments, but the EEOC alleged the company denied the accommodation and counted treatment-related absences against its attendance policy. The employee was dismissed on July 3, 2023, and the settlement resolved the allegations without a court finding of liability.
Timeline
July 3, 2023: JCPenney dismissed the Georgia employee.
April 2026: UK statutory sick pay rules were introduced.
June 2026: JCPenney agreed to pay $99,000 to settle the lawsuit.
Policy Comparison
The Netherlands' 104-week, 70%-of-wages obligation stands in sharp contrast to the federal Family and Medical Leave Act, which guarantees only 12 weeks of job-protected leave that is generally unpaid. The U.S. remains without a federal paid sick leave mandate for private-sector workers.
Workers in countries without paid sick leave mandates may need to rely on employer policies or savings during illness. Understanding the leave protections available under laws like the FMLA can help employees plan for medical absences and know their rights.
The takeaway
Employees facing serious illness should review their employer's leave policies and any federal protections that apply, since rights vary widely by country and employer. Knowing these options in advance can reduce financial strain during treatment.
Further reading
For broader context on workplace leave and employee rights, explore Human Resources coverage.
Source note: This article includes information reported by International Business Times UK.
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