An employment conflict during sick leave is extra burdensome. We help you navigate this situation and protect your rights.
An employment conflict with your employer during sick leave is an unpleasant situation. There may be tension between you and your employer, disagreement about whether you're meeting expectations, or disputes about matters such as transfers and job changes.
Employment conflicts frequently occur during sick leave - more often than people realize. For example, you and your employer may disagree about your reintegration plan, or have different views on your salary during sick leave.
The reverse can also be the case: an employment conflict can in turn cause sick leave. This is a difficult situation that both parties often struggle with.
Sick leave caused by an employment conflict often involves stress-related conditions or, when the problem persists longer and more intensely, burnout.
In recent years, occupational physicians have increasingly focused on demedicalization of situations where there is only an employment conflict. Demedicalization doesn't mean your complaints aren't taken seriously, but that the solution is primarily sought outside the medical domain.
An employer may not refuse a sick report. However, they can immediately call in an occupational physician to assess whether there is illness.
The occupational physician independently assesses whether there is illness and to what extent you are incapacitated. The employer may not interfere with this medical assessment.
If the occupational physician determines that there is illness, the employer is in principle obliged to (partially) continue paying wages, provided you cooperate with your reintegration.
Note: Medical examination
As an employee, you are obliged to undergo a medical examination. If you don't, this may have consequences for the continued payment of your salary. The occupational physician assesses based on conversations and medical information whether there is stress or burnout.
Was an employment conflict not the reason for your sick leave, but did it arise from it? Tensions about salary during sick leave or disagreements about the reintegration plan can run high and hinder your recovery.
A prolonged employment conflict can lead to stress or overstrain. The occupational physician can establish this and advise a time-out to resolve the conflict.
Not on a permanent contract? You may be entitled to benefits under the Sickness Benefits Act (Ziektewet) via the UWV - the Dutch agency handling employee benefits. Conflicts can still arise during this period.
As if a disrupted employment relationship during your sick leave wasn't unpleasant enough, the risk of job loss often haunts your mind as well.
Under Dutch law, dismissal due to illness is generally not permitted during the first two years of sick leave. However, termination by mutual consent remains possible under certain circumstances.
If there is a disrupted employment relationship during your sick leave that was also the cause of it, you and your employer can agree on dismissal by mutual consent. This can be a way to resolve the employment dispute.
Important:
If your sick leave did not arise from an employment conflict, then dismissal by mutual consent is often not a wise financial choice - despite a severance payment. In that case, there is a risk that you will (temporarily) not be entitled to unemployment benefits.
A conflict with your employer during sick leave is a complex and unpleasant situation. Emotions can run high and don't contribute to improvement.
At LegalBacking, we provide legal assistance for employees in this situation. We are 100% on your side and help you understand your options.
Contact usAt LegalBacking, we are 100% on the employee's side. We help you navigate Dutch employment law and protect your interests.
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