Sick Leave in Dutch Employment Law 

A Comprehensive Guide to Sick Leave for Employers and Employees

In the modern workplace, it is essential for both employers and employees to have a clear understanding of the rules and regulations surrounding sick leave. When an employee falls ill, it is crucial to follow the proper procedures to ensure their well-being and promote a healthy work environment. This comprehensive guide will provide you with all the information you need to know about sick leave, covering topics such as reporting illness, consulting with a company doctor, second opinions, reintegration, and the payment of wages during sick leave. By familiarizing yourself with these guidelines, you can navigate the complexities of sick leave effectively and ensure compliance with the law.

Reporting Illness: Your Responsibilities as an Employee

When you are unable to work due to illness, it is your responsibility to notify your employer promptly. The rules and procedures for reporting illness should be outlined in your employment contract, collective bargaining agreement (CAO), or company regulations. These documents will specify the preferred method of communication, such as calling your supervisor, sending an email, or using an online system, to inform your employer about your absence.

During the reporting process, you are not required to disclose the specific details of your symptoms or medical condition. Your employer is not entitled to request this information, as it falls under your right to privacy. However, if your illness is a result of a work-related accident, your employer may inquire about the circumstances surrounding the incident.

Consulting with a Company Doctor: The Role of the Bedrijfsarts

In some cases, your employer may request that you visit a company doctor, also known as a bedrijfsarts. The bedrijfsarts is responsible for providing advice and guidance on your reintegration process. During the consultation, the doctor may communicate the following information to your employer:

1. Confirmation of your illness or absence

2. Estimated duration of your illness

3. Assessing your capacity to perform certain tasks at work

4. Recommendations for workplace adjustments to accommodate your condition

It is important to note that the bedrijfsarts is bound by strict confidentiality rules. They are prohibited from sharing any medical information about your condition with your employer. This safeguard ensures the protection of your privacy, encompassing details about your illness and treatment.

Second Opinions and Expert Assessments: Advocating for Your Well-being

While it is crucial to follow the recommendations of the bedrijfsarts, there may be instances where you disagree with their assessment. In such situations, you have the right to seek a second opinion from another company doctor. This process allows for an independent assessment of your condition and can provide valuable insights into your treatment options and return to work plan.

To request a second opinion, you must formally submit your request to your current bedrijfsarts. It is important to note that your employer is responsible for covering the costs associated with this second opinion.

Alternatively, if you find yourself in a dispute with your employer regarding the recommendations of the bedrijfsarts, you can opt for a deskundigenoordeel (expert assessment) from the Employee Insurance Agency (UWV). The UWV will impartially evaluate the advice provided by the bedrijfsarts and determine whether your employer is justified in implementing their recommendations. To initiate this process, you will be required to pay a fee of €100. If you need further information or assistance, our team of legal experts is available to guide you through the process.

Reintegration: Facilitating Your Return to Work

Reintegration is the process by which you and your employer work together to ensure your successful return to your original position following a period of illness. If it is determined that you are unable to resume your previous duties, your employer is obligated to seek alternative suitable employment within the company. If no suitable options are available, your employer must explore opportunities for you to work in another organization.

To facilitate the reintegration process, it is essential to establish clear, written agreements between you and your employer. These agreements should outline the expectations, responsibilities, and accommodations necessary for your successful return to work. By formalizing these arrangements, both parties can maintain a mutual understanding and promote a smooth transition.

Payment of Wages during Sick Leave: Ensuring Financial Stability

In most cases, your employer is required to continue paying at least 70% of your regular wages while you are on sick leave. This requirement applies to employees with permanent contracts for a maximum duration of two years. However, specific arrangements may vary depending on the terms outlined in your employment contract or collective bargaining agreement.

It is important to note that your employer has the authority to temporarily or completely withhold your wages if you fail to comply with the reintegration rules or refuse suitable work assignments. However, your employer must provide written notice in advance, notifying you of their intent to suspend your wages.

If your employment contract has expired during your sick leave period, you may be eligible to apply for a ziektewetuitkering (sickness benefit). This benefit is provided by the Employee Insurance Agency (UWV) and offers financial support during your period of illness.

Conclusion

Navigating the rules and regulations surrounding sick leave can be complex for both employees and employers. By understanding your rights and responsibilities, you can ensure compliance with the law and foster a supportive work environment. Remember, prompt reporting of illness, open communication with your employer, and adherence to reintegration plans are key elements of a successful sick leave process. If you require further clarification or assistance, our team of legal professionals is always ready to provide guidance tailored to your specific situation. Stay informed, stay compliant, and prioritize your well-being.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For specific guidance on your situation, I recommend consulting with a qualified professional.