Burnout, stress or other mental health issues in relation to work. MediRights guides you through the legal process.
Mental health issues are less visible than physical limitations. This can make them susceptible to underestimation or lack of understanding. The invisibility can lead to pressure to reintegrate faster than is responsible, doubt about the seriousness of your complaints, or accusations that you're not doing enough.
"You look fine" is not a medical assessment. Yet employees with mental health issues hear this remark regularly. It undermines recognition of your situation and creates an atmosphere where you have to justify something you can't show. The invisibility of mental health issues makes your position vulnerable.
Legally, mental health issues are just as real as physical issues. The law makes no distinction. If a doctor diagnoses stress, burnout or another mental health condition, you may be incapacitated for work. The extent depends on your limitations in relation to your work. During the first 104 weeks of illness, you are entitled to continued salary payment and the dismissal prohibition applies, though there are exceptions such as dismissal during probation or summary dismissal.
MediRights guides employees with mental health issues in employment matters. We ensure your complaints are taken seriously and your legal position is protected.
Mental health issues are not visible. You can look fine while feeling terrible. This leads to lack of understanding from employers and sometimes also from company doctors. The burden of proof feels heavier.
Good and bad days alternate. This makes reintegration complex. A good day doesn't mean you've recovered. Employers sometimes interpret fluctuation as proof that you can work.
Often work is partly the cause of the complaints. Returning to the same work situation is difficult and sometimes counterproductive. This raises questions about the feasibility of reintegration with the current employer.
Mental health issues are still surrounded by stigma. Employees feel shame or fear of negative consequences. This can lead to delayed sick reporting or premature return to work.
Burnout and stress-related exhaustion are recognized medical conditions. The NVAB guideline provides guidance for company doctors.
Burnout and stress-related exhaustion are conditions recognized by the medical profession that can entitle you to continued salary payment and dismissal protection. A company doctor can assess limitations based on medical guidelines such as the NVAB guideline. It's not a matter of willpower or perseverance.
Recovery from burnout takes time. In practice, the recovery process often takes six to twelve months, sometimes longer. Too rapid return to work can lead to relapse. Reintegration must align with actual recovery.
For burnout, company doctors often advise a gradual build-up of hours, with reduced capacity and lower workload. Sometimes reintegration in a different role or at a different department is necessary.
If the complaints are employer or work-related, external reintegration (track 2) can be an option to consider. Returning to the source of the complaints is not always feasible or desirable, though this depends on the specific situation.
The company doctor prepares a problem analysis within six weeks. With mental health issues, it's essential that the doctor takes sufficient time and asks the right questions. A superficial analysis can harm the entire process.
The action plan must be realistic. With burnout, a rapid build-up of hours is often not feasible. We assess whether the plan fits your situation and advise on adjustments.
Reintegration with mental health issues requires a gradual build-up. Start with few hours and build up slowly. Relapse must be prevented by not wanting to go too fast.
Sometimes adjustments to the work are necessary: different tasks, less responsibility, more structure, or a different manager. We help realize necessary adjustments.
Mental health issues give you the same legal protection as physical issues. The dismissal prohibition applies and your salary must be continued.
During the first 104 weeks of illness, the dismissal prohibition applies. Your employer may not dismiss you due to illness, including mental health issues. This is a strong form of protection.
You are entitled to continued salary payment during illness, at least 70% of your salary. A salary suspension or withholding is only permitted for violation of reintegration obligations or reporting requirements, not for a disagreement about your capacity.
If you disagree with the company doctor, you can request a second opinion. Another company doctor then reassesses your situation. This right is established by law.
In case of a dispute about your incapacity for work or reintegration, you can request an expert opinion from the UWV. This independent opinion carries significant weight in legal proceedings.
We help substantiate your complaints towards employer and company doctor. With information from your treating physician, we ensure the seriousness of your situation is recognized.
We push for a reintegration plan that matches your actual recovery. No unrealistic goals, no too rapid build-up. Your health comes first.
We protect you against unjustified salary sanctions, dismissal pressure and accusations about your reintegration. You know where you stand and what your options are.
In disputes with employer or company doctor, we stand by you. From second opinion to expert opinion, from negotiation to proceedings. You're not alone.
If return to your employer is not feasible, we guide the process towards track 2 or possibly a termination arrangement. For termination during illness, we pay attention to legal risks and ensure careful conditions.
If departure is the best option, we guide a careful termination of employment. We pay attention to the risks for your benefit rights and strive for appropriate conditions.
Information from your general practitioner, psychologist or psychiatrist can strengthen your position. The company doctor can include this information in their assessment.
A statement from your treating physician about the nature and severity of your complaints and limitations can be supportive. The treating physician does not assess work capacity, but can provide information about your medical situation.
Medical information from your treating physician can be shared with the company doctor. The company doctor ultimately determines work capacity, but information from the treating physician about your complaints and recovery can be taken into account.
The company doctor may only request information from your treating physician with your consent. You determine what information is shared. This is your right.
We advise on what information is strategically useful to share and how best to approach this. Not all information needs to be shared.
You're not alone. Have your situation assessed and discover what legal options you have.
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