I'm sick but employer pressures me to work — what are my rights?
On illness at work you have strong rights: (1) Employer pays 104 weeks (first year 100%, second year 70% via Sick Leave Wage Act). (2) Company doctor decides, not employer — employer can ask if you can work, but verdict lies with doctor. (3) No pay deductions for not working: employer can deduct max 2 waiting days (CAO-dependent). After: 100% from sickness report. (4) Re-integration mandatory: after 6 weeks plan with employer (Gatekeeper Improvement Act). UWV monitors — employer fined for non-compliance. (5) On pressure to work: first request company doctor consult (free, employer pays). Conflict: union FNV 020-585 6000 or Juridisch Loket. (6) County court: on refusal to pay or intimidation. Burden on employer. UWV WIA after 2 yrs on persistent illness: up to 75% of last wage.
Step by step
- 1Report sick immediatelyPhone or email manager before start of work. Save confirmation. Legally: no reason needs to be given. Just say “sick”. Employer can engage company doctor.
- 2Follow company doctor adviceCompany doctor (occupational doctor) independent from employer. Follow medical advice. On verdict doubt: second opinion via UWV expert ruling possible (employer pays €400, free for you).
- 3On pressure: company doctor talkEmployer pressuring? Request company doctor talk: “I feel pressured to work while unable. Can we discuss?”. Company doctor can issue written statement.
- 4Engage union or lawyerFNV members: 020-585 6000 free. Not member? Juridisch Loket 0900-8020. Conflict on re-integration or pay: written notice to employer with deadline.
- 5Long-term illness: WIAAfter 104 weeks illness: UWV WIA assessment. On persistent inability: WIA benefit up to 75% last wage. Apply with employer 13 weeks before end of 104-week trajectory.
All contacts
Frequently asked questions
Can employer ask what I have?
NO, not legally. Employer can ask if you can work + expected recovery. For diagnosis: only company doctor (medical confidentiality). Employers asking for diagnosis breach GDPR.
What if company doctor gives wrong verdict?
UWV expert ruling (employer pays €400, free for you). Second opinion from another company doctor. Persistent conflict: county court, FNV lawyers experienced with these procedures.
How long do I get 100% paid?
Legally: first year 100% (some CAOs say 70%), second year 70%. CAO sometimes better: e.g. healthcare CAO 100% both years. After 104 wks: UWV WIA up to 75%.
Can my employer fire me during sickness?
Limited: dismissal prohibition during illness (art. 7:670 BW). Allowed: dismissal for other reason (business closure, serious misconduct). On doubt: county court examines motives. FNV often winnable.
Can company doctor share my medical info with employer?
NO, company doctor has medical confidentiality (art. 7:457 BW). May only share: 1) can do work (yes/no), 2) expected recovery, 3) adaptation advice. No diagnosis. On breach: NIVR (regulator) complaint + disciplinary procedure.
What if employer claims “poor performance” dismissal during illness?
Suspicious. Dismissal-during-illness forbidden, so employer must show: 1) poor performance existed BEFORE illness, 2) clear documentation + improvement tracks, 3) independent assessment. On doubt: county court, FNV lawyer usually winnable.
Sources
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