You are ill and your employer maintains contact. Sometimes this is normal involvement, sometimes it crosses into inappropriate pressure. MediRights helps you see the difference.
You have reported sick. Perhaps you have been home for weeks or months. And your employer starts putting pressure on you. Sometimes subtle, sometimes openly. "When do you think you can return to work?" "The team really needs you." "We cannot keep this up much longer."
Or it goes further. You are threatened with a salary suspension. You are told you are "not really sick." Or your employer ignores the company doctor's advice and still expects you to come to work.
Nuance is important: your employer has a legal obligation to be involved in your reintegration. Regular contact, questions about your recovery, and thinking along about return to work is normal and even required. But there is a limit. When involvement turns into pressure that hinders your recovery, it becomes problematic.
Excessive pressure can delay your recovery. It can lead to a damaged employment relationship. And in the worst case, it can escalate into a conflict involving salary sanctions or dismissal.
Important: employers have legal obligations to be actively involved in reintegration. Some involvement is normal and even required. But there is a difference between legitimate guidance and inappropriate pressure.
Two years of continued salary payment during sick leave is expensive. The employer pays your salary while you are not working. On top of that come costs for temporary replacement and the occupational health service.
If the employer does too little for reintegration, the UWV (Employee Insurance Agency) can impose a wage sanction. The employer must then continue paying wages for up to an additional year. This threat has an impact.
Your colleagues are covering your work. The longer you are absent, the greater the pressure on the team. The employer feels this too.
These factors explain why employers are involved in your reintegration. Active involvement is even legally required. However, it becomes problematic when this involvement turns into pressure that hinders your recovery or exceeds the bounds of what is reasonable.
Your employer is not allowed to decide whether you are sick or able to work. That is reserved for the company doctor. If the company doctor rules that you cannot (yet) work, that opinion carries significant weight. Your employer may deviate with motivation, but takes on risks and cannot force you to work.
There is no legal maximum. But contact must be reasonable and should not hinder your recovery. If your employer calls daily with work-related questions, that is generally not reasonable. For long-term sick leave, contact every six weeks is customary to discuss progress on the action plan, although interim contact may be justified in some situations.
An employer may only suspend salary for specific reintegration failures: refusing suitable work, not cooperating with reintegration, not appearing at the company doctor, or hindering recovery. Additionally, salary withholding may follow for not complying with verification requirements. In both cases, you must first be warned in writing. Threatening salary suspension without legal grounds may be unlawful.
During the first two years of sick leave, a dismissal prohibition applies. Your employer cannot dismiss you because of sick leave. Threatening dismissal is therefore often unfounded, although exceptions exist such as dismissal during probation or summary dismissal. It can also create an unworkable situation.
Keep a log of all contact moments. Note when your employer calls, what is said, and how you feel about it. This is crucial if the situation escalates.
If the pressure is hindering your recovery, discuss this with the company doctor. The company doctor can advise your employer to reduce the pressure. This will then be recorded in the medical file.
Important communication preferably by email or letter. This way you have evidence of what was said and agreed upon. Things said verbally are difficult to prove.
Many employers have a confidential advisor. They can mediate in conflicts and advise you on next steps. Use this if the situation gets out of hand.
In case of a stalemate, you can request an expert opinion from the UWV. An independent insurance physician or labor expert will then assess your situation. This costs approximately 100 euros, but can provide clarity.
If the pressure continues or escalates, legal guidance is wise. A file that is well documented now prevents problems later.
"My employer calls me daily. Sometimes multiple times a day. I am afraid to answer my phone."
This is generally not reasonable. Daily calling is rarely necessary and can hinder your recovery. Discuss this with the company doctor and ask for agreements about contact moments to be documented.
"My employer says that if I do not start building up hours soon, they will suspend my salary."
Salary suspension is only allowed for specific failures and after written warning. If you are cooperating with your reintegration and following the company doctor's advice, a salary suspension is not permitted.
"The company doctor says I cannot work yet, but my employer still expects me to come."
The company doctor's advice carries significant weight. Your employer may deviate with motivation, but takes on risks. If your employer ignores the advice, document it in writing and seek legal assistance.
"My employer says I look fine and asks if I am really sick."
Many conditions are invisible. Psychological complaints, burnout, chronic fatigue - they cannot be seen from your appearance. Your employer is not a doctor and should not make medical judgments.
Pressure from your employer during sick leave is stressful. It comes on top of the complaints you already have. And it often makes the situation worse rather than better.
MediRights assists employees who face inappropriate pressure during sick leave. We assess your situation, determine if the pressure is lawful, and help you set boundaries in a way that protects your position.
This can mean: drafting a letter to your employer, preparing for meetings, or taking over communication. Depending on what is needed in your situation.
Because one thing is clear: pressure that hinders your recovery is not in anyone's interest. Not yours, but ultimately not your employer's either.
Have your situation assessed. Together we will determine the best approach to stop the pressure without harming your position.
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