When sick leave puts pressure on the employment relationship, specialized legal guidance is essential to protect your position.
Reporting sick is much more than a medical matter. The moment you report sick, the dynamics between you and your employer change dramatically. Important to know: being sick is not automatically the same as being incapacitated for work in a legal sense. You can be ill but still be considered (partially) fit for adapted work. The company doctor assesses your work capacity, after which the employer makes decisions about your reintegration based on that advice. Which rights and obligations apply exactly depends on your employment contract, any applicable collective agreement, and your individual circumstances.
The first two years of sick leave are governed by the Gatekeeper Improvement Act (Wet verbetering poortwachter). This law imposes obligations on both employer and employee. You must actively participate in reintegration, but your employer must adequately support you in this process. In practice, most conflicts arise here: employers who apply too much pressure, company doctors who underestimate your symptoms, or reintegration programs that do not match your capacity.
MediRights guides employees dealing with the legal complexity of sick leave and work. We analyze your file, assess your position and together determine the best strategy. From continued salary payment to reintegration, from disputes with the company doctor to UWV procedures.
During the first 104 weeks of sick leave, you have legal protection: the dismissal prohibition. Your employer may not dismiss you due to sick leave, although exceptions are possible such as dismissal for other reasons or expiration of a temporary contract. Legal guidance ensures you know where you stand and what your options are.
The Gatekeeper Improvement Act regulates the entire process of sick leave and reintegration. Knowledge of this law is essential to defend your position.
The company doctor prepares a problem analysis within six weeks. This document describes your limitations and capabilities. The company doctor advises; the employer then makes decisions about reintegration based on that advice. An incorrect problem analysis can negatively affect the entire process.
Employer and employee jointly prepare an action plan. This plan describes how you will reintegrate. You are not obliged to agree to a plan that does not match your capacity.
The action plan must be regularly evaluated and adjusted if necessary. At least every six weeks, you discuss the progress of reintegration with your employer.
After 42 weeks of sick leave, your employer must report you sick to the UWV. This is a formal obligation that affects your later WIA application.
After one year of sick leave, an extensive evaluation takes place. Employer and employee assess whether the reintegration process needs to be adjusted.
No later than week 91, you apply for a WIA benefit. The UWV then assesses whether employer and employee have done enough for reintegration. Shortcomings can result in a salary sanction for the employer.
During the first two years of sick leave, you are in principle entitled to continued salary payment. However, this right is not unconditional: the law provides for various situations in which the employer may suspend or stop salary payments.
Note: a salary suspension requires a prior written warning. MediRights assesses whether a salary suspension is justified and helps recover wrongfully withheld salary.
We analyze your complete file: sick reports, company doctor reports, action plan, correspondence. This gives us a complete picture of your situation and potential legal vulnerabilities.
Based on the analysis, we determine your legal position. Where do you stand? What are the strengths and weaknesses in your file? What risks do you face and how can they be mitigated?
Together we determine the best approach for your specific situation. Sometimes de-escalation is the right route, sometimes a firmer stance is needed. We advise what is most effective.
We help formulate your position towards your employer. From responding to letters to conducting negotiations. You don't have to do this alone.
If necessary, we guide an application for an expert opinion from the UWV. This independent opinion can break a deadlock or strengthen your position.
From sick report to WIA application or termination of employment: we guide you through the entire process. You always know where you stand and what the next steps are.
The dismissal prohibition protects you against dismissal during the first 104 weeks of sick leave. However, employers regularly try to circumvent this prohibition.
Employers often offer a settlement agreement to terminate employment. Signing during sick leave can carry risks for your unemployment and Sickness Benefits Act rights, depending on the circumstances and wording. We assess whether signing is wise and negotiate better terms.
Some employers apply pressure to push you towards leaving. This can range from subtle hints to explicit threats. Legal guidance ensures you know your rights.
In exceptional cases, an employer can request dissolution through the subdistrict court, despite the dismissal prohibition. We assess the chances and represent you in any proceedings.
After two years of sick leave, the dismissal prohibition expires. In case of continued incapacity for work, the employer can apply for a dismissal permit through the UWV after the WIA assessment. Good preparation for this moment is essential for your financial security.
Have your situation assessed by a specialist. MediRights analyzes your file and advises on the best strategy.
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