Your employer does not accept your sick leave or openly questions your incapacity for work. A situation that occurs regularly, and one that can quickly escalate.
You have reported sick. Perhaps you have psychological complaints, chronic fatigue, or a condition that is not visible. And then comes your employer's response: "You do not look sick." "Were you not just on vacation?" "Others with the same complaints still work."
Sometimes it goes further. Your employer refuses to accept your sick leave. You are threatened with a salary suspension. Or you are told to "just come to work" because the employer does not believe you are sick.
This is not just unpleasant, it can also seriously hinder your recovery. The stress of a conflict with your employer comes on top of the complaints you already have. And it can lead to a situation where the relationship becomes completely disrupted.
The core of the problem: your employer is not a doctor. The assessment of whether you can or cannot work is reserved for the company doctor. But not every employer respects that boundary.
This is a frequently asked question. The short answer: no, in principle not. An employer must accept a sick leave report and involve the company doctor.
Only the company doctor or occupational physician may assess whether you are incapacitated for work. Your employer cannot determine this themselves, even if they think you are "not really sick."
An employer who decides on their own that an employee is not sick and acts accordingly (dismissal, salary suspension), often loses in court. The company doctor should have been involved. This depends, however, on the specific facts.
As long as the company doctor has not ruled that you can work, you are in principle entitled to continued payment of at least 70% of your salary. However, salary withholding may follow for not complying with verification requirements.
The assessment of incapacity for work is a medical judgment. Your employer may have questions, but must involve the company doctor. The company doctor's judgment carries significant weight for both parties, although the employer may deviate with motivation (at their own risk).
An employer may only suspend salary for specific failures: not cooperating with reintegration, refusing suitable work, or not appearing at the company doctor. Additionally, salary withholding may follow for not complying with verification requirements. In both cases, you must first be warned in writing. Salary suspension because your employer "does not believe you" is not permitted.
If you disagree with the company doctor, you can request a second opinion from another company doctor. This can help if you feel the company doctor listens too much to the employer.
In case of a stalemate, you can request an expert opinion from the UWV. This costs approximately 100 euros and provides an independent opinion on your incapacity for work. This opinion carries significant weight in any court proceedings.
Send your employer an email or letter confirming that you are sick and explicitly request an appointment with the company doctor. This gives you evidence of your sick leave report.
Your employer is obliged to involve the company doctor. If this does not happen, explicitly request it. This is your right and the employer cannot refuse.
Keep a log of all communication. What does your employer say? When? How do you respond? This is crucial if the situation escalates to legal proceedings.
Make sure your complaints are also known to your GP. This creates a medical file that supports your complaints. Note: the GP does not assess work capacity, but can confirm your medical situation.
If the company doctor rules that you can work but you disagree, request an expert opinion from the UWV. This costs 100 euros but can provide clarity.
If the situation escalates or your employer continues to put pressure on you, legal guidance is wise. A good file now prevents problems later.
"My employer says I look fine and asks if I am really sick. They suggest I just do not want to work."
Many conditions are invisible. Burnout, depression, chronic fatigue, long COVID - these conditions cannot be read from your appearance. Your employer is not a doctor and should not make medical judgments based on how you look.
"I have reported sick but my employer refuses to involve the company doctor. They say I should just come to work."
This is not permitted. The employer is obliged to involve the company doctor in case of illness. Request this in writing and document the refusal. This can lead to employer liability and plays a role in any proceedings.
"My employer threatens to suspend my salary if I do not come to work. But I am really sick and the company doctor has not seen me yet."
Salary suspension is only allowed under strict conditions. As long as you have not been assessed by the company doctor, you are in principle entitled to salary. A salary suspension without the company doctor being involved is generally unlawful, although exceptions are conceivable.
"The company doctor says I can work, but I really do not feel able to. My employer now demands that I come."
You have options. Request a second opinion from another company doctor, or request an expert opinion from the UWV. Until this opinion is issued, the company doctor's advice applies - but if the expert opinion differs, it significantly strengthens your position.
It helps to understand why employers sometimes doubt a sick leave report. It does not make it acceptable, but it does explain it.
Two years of continued salary payment during illness is expensive. The employer pays your salary while you are not working. This pressure can lead to distrust, especially with invisible complaints.
Your colleagues are covering your work. The longer you are absent, the greater the pressure on the team. Sometimes that frustration is directed at the sick employee.
Not everyone understands psychological complaints or invisible conditions. "You were at the gym yesterday" can be reason for doubt for an employer, while medically it means nothing.
These reasons explain the doubt, but do not justify it. Your employer is and remains not a doctor. The assessment of incapacity for work is a medical judgment.
An employer who disputes your sick leave puts you in a difficult position. You are sick, need rest, and must simultaneously defend your position. That is tough.
MediRights assists employees in exactly this situation. We assess your file, determine if your employer's stance is lawful, and help you take the right steps.
This can mean: written communication with your employer, preparation for the conversation with the company doctor, or guidance with an expert opinion. Depending on what is needed.
One thing is clear: an employer who decides on their own whether you are sick crosses a line. We ensure that line is respected.
Have your situation assessed. Together we will determine the best approach to protect your position.
Contact us