You are sick and worried about your job. Can your employer fire you? What if they threaten dismissal? And when is dismissal during sick leave actually possible? The answers to the most frequently asked questions.
You have reported sick and you are worried. Perhaps your employer has already given hints. Perhaps you hear stories of others who were dismissed during sick leave. Or perhaps you read contradictory information online and no longer know what is true.
The fear of dismissal during sick leave is understandable. You depend on your income, you cannot simply look for another job right now, and the uncertainty erodes your recovery.
The short answer: in most cases your employer may not dismiss you during the first two years of illness. But there are exceptions and nuances that are important to know.
Also read the detailed page about dismissal during sick leave for the full legal context and all exceptions.
During the first two years (104 weeks) of illness a statutory dismissal ban applies. Your employer cannot terminate your employment contract due to your illness. This is laid down in Article 7:670 of the Dutch Civil Code.
The dismissal ban applies to all employees with an employment contract — permanent or fixed-term. Only with fixed-term contracts does the contract end by operation of law on the end date, even if you are sick.
Your employer can go to the subdistrict court, but the court respects the dismissal ban. Dissolution can be granted if the reason has nothing to do with the illness — but the employer must prove this.
After two years of illness the dismissal ban expires. Your employer can then apply for a dismissal permit from the UWV. This is only possible if you are permanently incapacitated for your own work and redeployment is not possible. Read more about the end of 104 weeks.
During the probationary period the dismissal ban does not apply. Your employer can dismiss you, but the reason may not be the illness itself. In practice this is difficult to prove. If in doubt, have it legally assessed.
Summary dismissal is possible for a very serious reason unrelated to the illness. Think of theft, fraud or violence. The threshold is high and the reason must not relate to your illness or reintegration.
If you structurally refuse to cooperate with reintegration — after warnings and a salary stop — the court can dissolve the employment contract. This requires a careful procedure and multiple warnings. A single refusal is insufficient.
The first step is knowing that you are protected. The dismissal ban is a strong legal protection. Threats from your employer do not change that. Knowledge of your rights takes away fear.
Your most important protection is your cooperation. Follow the company doctor's advice, attend appointments, and respond to messages. This way you give your employer no argument to question your cooperation.
If your employer threatens dismissal, do not panic. Respond professionally by email: "I note your message. I am focusing on my recovery and reintegration." Do not engage in discussion about the threat itself.
Save all communication. Record conversations: who, when, what was said. Send confirmation emails. If the situation escalates, documentation is crucial for your legal position.
If a settlement agreement is offered: you do not have to sign. The dismissal ban means your employer cannot force you. Take the time to have it reviewed.
With threats of dismissal, legal advice is not a luxury but a necessity. An adviser can assess how realistic the threat is and determine whether you need to take action or can safely wait.
"I am being pressured to report healthy. If I do not, dismissal is threatened."
Your employer cannot fire you because you are sick. And pressure to report healthy when you are not is unlawful. The company doctor determines whether you are sick, not your employer. Report the pressure to the company doctor and document everything.
"I have an annual contract and I am sick. Can my employer decide not to renew?"
Yes, a fixed-term contract ends by operation of law on the agreed date — even during illness. Your employer does not have to renew. However, the employer must inform you in writing at least one month before the end (notification obligation). You can then claim Sickness Benefits Act payment through the UWV.
"My department is being dissolved. I am sick. Can I be dismissed now?"
This is a complex situation. With redundancy the dismissal ban may lapse in certain cases, particularly with complete closure of the company or business unit. With reorganisation where your position is eliminated, the assessment is more nuanced. Have your specific situation reviewed.
"In a few months I will reach 104 weeks. Can my employer dismiss me then?"
After 104 weeks the dismissal ban expires. Your employer can then apply for a dismissal permit, but only if you are permanently incapacitated for your own work and redeployment is not possible. Read more about the end of 104 weeks. Start preparing your position now.
The fear of dismissal during sick leave is understandable but often unnecessary. The dismissal ban is a strong protection. But you need to know how to use it — and when exceptions apply.
MediRights assesses your specific situation. Does the dismissal ban apply? Are there relevant exceptions? Are your employer's threats realistic or bluff?
Based on this we advise you: can you safely wait, should you take action, or is it wise to start negotiating? The goal: protect your job and income so you can focus on recovery.
Have your situation assessed and know where you stand. In most cases you are better protected than you think.
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