When you are ill, it’s more obvious with some illnesses than others. For instance, if you have a broken arm, it’s clear that something is wrong. Similarly, if you have a high fever due to the flu, it’s understood that you are unwell. However, when you are sick due to burnout or mental health issues, it’s not always visible. In such cases, someone may be unable to come to work but still able to do everyday activities. It’s important to understand that not all illnesses are the same. Under employment law, someone is considered sick if they cannot work for medical reasons. The specifics of these medical reasons are private.
When you are sick and cannot work as a result, you should inform your employer as soon as possible. The method and deadline for reporting sickness, as well as whom to notify, are usually specified in the employment contract or company policies. Typically, the employee informs the employer via a phone call, and the sick leave notification is processed internally. However, there are instances where this process may go awry—such as an employee who thought they had already reported sick but inadvertently forgot, or an employer who received a sick leave notification but failed to process it correctly. Therefore, it's advisable to send a brief confirmation of your sick leave via email or WhatsApp after making a phone call to report sick. This helps prevent ambiguity about the timing of your sick leave, especially if you unexpectedly remain ill for an extended period. Of course, not all sick leaves are alike. For instance, a bout of flu might be expected to resolve within a few days, whereas recovery from a broken leg naturally takes longer. Sometimes, there are situations where it's not entirely clear when you will recover and be able to return to work.
The nature of your illness is private information. Therefore, an employer is not allowed to request detailed medical information about your sickness. If an employer does ask for such information, you are not obliged to provide a substantive response. However, an employer may ask you to provide an estimate of your recovery timeline—when you expect to be better and available to work again. If you are unsure about this yourself, you can communicate that uncertainty. If your employer has doubts about whether you are genuinely ill or if you are unexpectedly off work for an extended period, they may involve a company doctor.
If a company doctor is consulted for assessment and advice, as an employee, you are obligated to cooperate. Visiting the company doctor is part of your responsibility to do everything possible to return to work. Such visits usually occur in cases of prolonged illness and are part of the reintegration process. The company doctor assesses whether you are fit to work. If it turns out that you are not able to perform your current duties, the company doctor will provide advice on possible adjusted work tasks.
When you are ill, both the employer and the employee must make efforts towards recovery and reintegration. For example, the employee is expected to seek medical treatment if necessary for their recovery. Additionally, as mentioned, the employee must comply with calls from the company doctor. The employer is expected to notify the Employee Insurance Agency (UWV) of the employee's sickness, consult a company doctor for assessment and advice, and consider what tasks within the company the employee can still perform despite their illness.
When you are ill, you are entitled to continue receiving your salary, at least for the first 2 years of your illness. Your employer must pay you at least 70% of your salary per year. Sometimes, you may receive more salary if other agreements have been made in your employment contract or collective labor agreement (CAO). In principle, the obligation to continue paying salary ends after 2 years. However, you may be entitled to continued salary payment beyond this period. For example, if it's found that your employer did not do enough to reintegrate you (find other suitable work for you within the company), a court may impose a salary penalty requiring the employer to pay you salary for a longer period.
If you are still ill at home after 2 years and no longer receive salary, but your employment contract has not been terminated, it is considered an inactive employment contract. As an employee, you are not working, you are no longer entitled to salary, but you still have an employment contract. In such cases, it is generally best for both the employer and the employee to terminate the employment contract. By drafting a termination agreement and paying severance pay to the employee, the ongoing employment contract can be terminated.
Are you (long-term) ill and in need of legal advice or assistance? For example, because you have a dispute with your employer regarding your illness and reintegration, or because you have an inactive employment contract that you want to terminate? Feel free to contact us for advice. We are here to help you further.
