Why were my vacation days deducted during the Sickness Benefits Act?

Questioner

I am a truck driver and we deliver concrete walls to the construction. I have a question about the vacation days that were withheld during my sickness benefit. I have been on sick leave since February 17, 2021 due to back pain. After having physiotherapy, it did not improve and so back to the GP for further examination. Eventually I had an MRI scan on May 7, 2021 and it showed that I have a hernia and that surgery was required. The operation was performed on July 7, 2021. I am currently still on sick leave and cannot work yet and am allowed to perform few physical actions by the doctor and the company doctor. My vacation was planned in week 31-32-33 Construction holiday (02-08-2021 to 20-08-2021). now i get an overview and now i see that my vacation days are just withheld. Is that allowed? what are the rules here. I can't really find anything in the collective labor agreement that we fall under. yours sincerely,

Lawyer

Your employer may only deduct sick days from vacation days: -) as far as the statutory vacation days are concerned and -) to the extent that you have agreed to this, prior to the employment contract or collective labor agreement or during or after your illness. If you have any questions and/or comments, you can contact me at tel. no. 0162 46 11 12 (VOC lawyers)