In sick leave disputes, proof is everything. What you can demonstrate in writing often determines the outcome. A good file is not bureaucracy — it is your legal lifeline.
Every decision in your sick leave trajectory leaves a paper trail — or should. When disputes arise about your salary, reintegration or dismissal, courts, UWV and lawyers all look at the file. What is documented is a fact. What is not documented may as well not have happened.
A strong file rests on four pillars: (1) a clear timeline of events, (2) written confirmation of all agreements, (3) evidence of your cooperation, and (4) strict separation between medical and process information. If you build these from day one, you are prepared for any escalation.
Keep a chronological overview of all key events: sick report, company doctor visits, evaluations, proposals, warnings. This timeline is your backbone in any dispute. Courts value a clear, verifiable sequence of events.
Confirm everything in writing. After every meeting, send an email: "To confirm our conversation today..." If your employer makes verbal promises or threats, document them. Verbal agreements are legally valid but practically useless without proof.
Demonstrate that you are actively participating in reintegration. Keep records of every appointment you attend, every proposal you respond to, every form you complete. If your employer claims you are not cooperating, your file should prove otherwise.
Your employer has no right to know your diagnosis. Medical information goes through the company doctor only. Your file should contain process information (what can you do, when, which adjustments) — not medical details. Under GDPR, you have the right to request access to your personal data (art. 15 GDPR) and correct inaccuracies (art. 16 GDPR).
Yes. Under GDPR art. 15, you have the right to access all personal data your employer holds about you. This includes your sick leave file, evaluations, correspondence and warnings. Your employer must provide this within one month. If anything is incorrect, you can request correction under art. 16 GDPR.
That is your employer's problem, not yours. Under the Gatekeeper Act, the employer is responsible for maintaining a proper reintegration file. If the file is incomplete at the WIA assessment, UWV may impose a wage sanction on the employer. But it also means you have no evidence if you need it — so build your own file from day one.
No. Your employer may only ask about: expected duration of absence, ongoing work and appointments, whether you fall under a safety net provision, and whether the illness was caused by a workplace accident. Your diagnosis, medication and treatment are private. Refer your employer to the company doctor.
MediRights helps employees who are stuck in an employment conflict due to illness. We guide cases with concrete legal steps.
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