You are on sick leave and your employer keeps calling. Sometimes daily, sometimes multiple times a day. When is this still normal and when does it go too far?
You have reported sick. Perhaps for weeks or months already. And your phone rings again. It is your employer. Again. "How are you doing?" "When do you think you can come back?" "We need to talk about the work."
At first you answered every call. But the conversations increasingly focus on work rather than your recovery. You start avoiding your phone. The stress of being called constantly is making your symptoms worse instead of better.
Nuance matters: your employer is allowed to stay in contact with you during sick leave. In fact, Dutch law requires employer and employee to work together on reintegration. Regular contact is part of that. But there is a difference between supportive contact and calling that puts pressure on you.
The problem arises when the frequency and nature of contact hinders your recovery. That is when it shifts from normal involvement to inappropriate pressure.
Some employers use frequent calling as a control mechanism. They want to know what you are doing, how you spend your day, and whether you are "really sick." This is not the purpose of contact during sick leave.
Employers fear that the UWV (Employee Insurance Agency) will find they have done too little for reintegration. Frequent calling feels like "showing involvement." But excessive contact is not evidence of good reintegration efforts.
When there are no agreements about contact frequency, the employer may think regular calling is normal. The absence of a framework leads to miscommunication and overreach.
Dutch law does not prescribe an exact number of contact moments. However, contact must be reasonable and should not hinder your recovery. For long-term sick leave, contact every six weeks is customary for discussing the action plan. Interim contact may be justified, but daily calling almost never is.
Your employer may ask how you are doing and what you think you can do in terms of work. But asking about your diagnosis, medication, or treatment is not permitted under privacy legislation. You do not have to answer such questions.
If contact is too frequent, the company doctor can advise limiting contact frequency. This advice carries significant weight. Discuss the excessive calling at your next company doctor appointment.
You are not obligated to answer every time your employer calls. However, you must be reachable at reasonable times. You may propose communicating via email instead — this gives you more peace and simultaneously creates a written record.
Note every time your employer calls: date, time, duration, and what was discussed. This log is valuable evidence if the situation escalates.
Send your employer an email proposing to communicate via email from now on. This reduces pressure and automatically creates a file of all communication.
Tell the company doctor that the frequent calling is hindering your recovery. The company doctor can advise your employer to limit contact frequency.
Propose fixed contact moments — for example, once every two weeks at a set time. This way you know when the conversation is coming and can prepare yourself. If you are also invited for a meeting, prepare carefully.
If the calling continues despite your requests, send a formal letter stating that the contact is hindering your recovery and requesting limitation. Keep a copy.
If your employer does not listen to your requests, legal guidance can help. Sometimes a letter from a legal advisor is enough to change the behaviour.
"I have been on sick leave for three months with a burnout. My manager calls me every day, sometimes twice. He asks how I am doing, but the conversation always turns to work. It is causing me stress."
Daily calling is almost never justified. Especially when conversations focus on work content rather than your wellbeing. Discuss this with the company doctor and request advice on contact frequency. Propose communicating via email and establishing fixed contact moments.
"My boss calls me in the evenings and on weekends. Sometimes at 9 PM. It feels like I never get any rest. I am afraid to turn off my phone because I fear consequences."
Calling outside working hours is not reasonable. You are ill and have the right to rest. There is no obligation to be available to your employer outside working hours. State in writing that you are available on working days between certain hours and request not to be called outside those times.
"My direct manager calls, but also HR, and sometimes a board member. They all ask the same things. It feels like an interrogation."
It is reasonable to request one contact person. Ask your employer to designate one fixed contact person for sick leave communication. This prevents duplicate conversations and reduces pressure. The company doctor can also include this in the action plan.
"My employer threatens a written warning if I do not answer my phone. I missed one call because I was at the doctor and received an angry email."
A warning for not answering is generally unjustified. You must be available at reasonable times, but you do not have to answer every call immediately. Especially not when you are at the doctor or need rest. A warning for this is disproportionate. Save the email and discuss it with the company doctor.
Being constantly called while you are ill is exhausting. It adds stress to an already difficult situation. And it can demonstrably delay your recovery.
MediRights helps you manage contact with your employer. We assess whether your employer's calling behaviour is reasonable, and help you set clear boundaries.
Sometimes a well-formulated letter is sufficient. Sometimes more is needed. In all cases, we ensure your rights are respected and your recovery takes priority.
If the excessive calling is part of a broader conflict with your employer, we assess your file and determine whether legal guidance is needed.
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