The company doctor has assessed your limitations and reintegration. But your employer disregards that advice. You are expected to do more than is medically responsible, or your employer simply does not act on the recommendations. Deviating is only permitted with proper justification, and without it your employer takes a serious risk.
The company doctor has clearly indicated what you can and cannot do. Perhaps a maximum number of hours per day, adapted work, or full incapacity. But your employer disagrees with the company doctor and follows their own plan.
In practice, this often looks like this: your employer expects you to work more than the company doctor advises. Or you receive tasks that do not match the limitations the company doctor has established. Sometimes the company doctor's advice is simply not followed without anyone explaining why. It can even feel as though your employer is completely ignoring you as a sick employee.
It can also be more subtle. The employer does not schedule evaluation meetings, does not start track 2 when the reintegration perspective calls for it, or refuses to implement workplace adjustments. The advice is on paper, but in practice nothing changes.
This is a common problem when reintegration is not working. Your employer takes a risk by ignoring the advice, but you are the one who feels the consequences.
A sick employee costs money. The faster you are fully deployable again, the better for your employer. This can lead to the company doctor's advice being considered too cautious, and the employer choosing not to follow it.
Not every employer knows how much legal weight the company doctor's advice carries. Some employers think the advice is merely a suggestion that they can adjust at their own discretion.
In some cases, the employer deliberately ignores the advice. For example, to put pressure on you, to force a conflict, or to push towards a departure arrangement. When an employer structurally disregards the company doctor's advice, it is often part of a broader pattern.
The company doctor's advice is not legally binding, but it does carry significant weight. The employer must either follow it seriously or deviate with clear justification. In the UWV assessment at the end of two years of sick leave, it is evaluated whether reintegration efforts were sufficient. An employer who deviates without proper justification risks a wage sanction. Whether it actually comes to a wage sanction depends on the overall reintegration file.
If the company doctor advises that you can work a maximum of 4 hours per day, that is in principle your starting point. Your employer can deviate with proper justification, but it is wise to have this documented in writing. In case of a dispute, a UWV expert opinion provides clarity on what you can actually do.
If your employer disagrees with the company doctor, you can request a UWV expert opinion. An independent insurance physician then assesses your situation. There are costs involved (currently approximately EUR 100) and the opinion carries significant weight in any legal dispute.
Keep the company doctor's advice, note when and how your employer deviates from it, and record your objections in writing. If it comes to a conflict or UWV assessment, this file is your most important evidence.
Send your employer an email stating what the company doctor advises and what your employer expects in practice. Ask your employer to provide written motivation for why they are deviating from the advice.
Let the company doctor know that your employer is not following the advice. The company doctor can address this directly with the employer. Ask for written confirmation of the advice so there is no misunderstanding.
If your employer disagrees with the company doctor's advice, you can have a UWV expert opinion determine what you can and cannot do. An independent insurance physician then assesses your situation.
The company doctor's advice is in principle your guide. If the company doctor says a maximum of 4 hours, that is your starting point. Your employer can impose a sanction if they believe you are not sufficiently cooperating, but whether that sanction holds up is tested afterwards by the UWV or court. As long as you follow the advice, you generally have a strong position.
If your employer also disregards the input of your psychologist, GP, or specialist, ask them for a written statement about your medical situation. Your treating physician does not assess work capacity, but can provide relevant medical information that helps the company doctor or insurance physician reach a more complete assessment.
If your employer structurally disregards the company doctor's advice, this is a serious problem. Legal guidance ensures your position is protected and that the right steps are taken before the situation escalates.
"The company doctor has clearly stated I can work a maximum of 4 hours per day. My employer disregards that and schedules me for full days."
Follow the company doctor's advice. Send your employer an email referring to the advice and stating that you are following it. Ask your employer to explain in writing why more hours are expected.
"For weeks, the advice has stated that I need adapted tasks. But I still get the same work. My employer does nothing with it."
An employer who does not act on the advice risks consequences in the UWV assessment. Document in writing that you have raised the issue and that there has been no follow-up. This strengthens your file and protects you against potential sanctions.
"Not only the company doctor's advice is ignored, my psychologist also says I cannot do more. But my employer insists I come in."
Your treating physician does not assess work capacity, but the information is relevant. Ask your psychologist for a written statement and share it with the company doctor. If the company doctor's advice is then confirmed and your employer still ignores it, you have a strong position for a UWV expert opinion.
"I follow the hours the company doctor advises. But my employer threatens a salary stop if I do not work more."
A salary stop while you follow the company doctor's advice can be legally risky for your employer. Document the threat in writing. Whether a salary stop holds up depends on the facts and circumstances and is tested afterwards by the UWV or court. Seek legal assistance if the threat becomes concrete.
An employer who ignores the company doctor's advice puts you in a difficult position. You want to recover, but are forced to do more than is responsible. You follow the advice, but face pressure or sanctions. That is not how reintegration should work.
MediRights assesses whether your employer is justifiably deviating from the company doctor's advice or whether there is negligent conduct. We analyse the advice, the deviation, and the consequences for your position.
Where necessary, we address the deviation with your employer in writing, guide a UWV expert opinion, and ensure your reintegration file is in order. So that you are protected, regardless of what your employer does.
Have your situation assessed before it escalates further. We ensure the advice is followed or your position is protected.
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