Employer threatens to stop your salary during sick leave

You are on sick leave and your employer warns that your salary will be stopped. Whether by letter or in a meeting — the threat alone is stressful. But is it actually justified?

Do you recognise this?

You have been ill for a while. Reintegration is difficult, or there is disagreement about what you can and cannot do. Then you receive a letter or email: if you do not comply within a certain deadline, your salary will be stopped.

Perhaps it concerns a missed appointment with the company doctor. Or your employer feels you are not cooperating sufficiently with reintegration. Or you declined work that you question is truly suitable for your condition.

The threat of a salary stop is one of the most powerful tools an employer has. It directly affects your income and therefore your financial security. But a threat is not yet a measure — and not every threat is justified.

This is precisely the moment to know where you stand. How you respond now often determines how the situation develops further. This relates directly to the broader situation of salary being stopped.

Signs you recognise

  • -> Letter or email threatening a salary stop
  • -> Verbal warning during a meeting or phone call
  • -> Unclear why exactly the threat is being made
  • -> The threat feels like pressure, not a genuine warning
  • -> You are cooperating but it is never enough
  • -> Company doctor says something different than employer

Why employers threaten salary stops

1

Pressure to speed up

Some employers use the threat as a tool to push you to reintegrate faster than is medically responsible. They hope the fear of losing income motivates you to do more — regardless of what the company doctor advises.

2

Building a file

A written warning with a salary stop threat is also a file document. Employers planning to terminate later build their case this way. The threat serves not only to mobilise you but also to prepare for a next step.

3

Miscommunication

Sometimes there is a misunderstanding about your obligations. The employer thinks you are not cooperating, while you are following the company doctor's advice. That difference in perception leads to a threat that better communication could have prevented.

What you need to know about the threat

A threat is not yet a salary stop

As long as your employer only threatens, your salary continues. But take the threat seriously. A written warning is often a legally required step before an employer may actually stop your salary. It is simultaneously a warning and a preparation.

The warning must be specific

A valid warning must specifically state: what behaviour the employer considers a shortcoming, what you must do to prevent the salary stop, within what timeframe, and what measure will follow. "We expect more effort" is not a valid warning. Read more about the difference between salary stop and salary suspension.

The company doctor's advice carries significant weight

If you are following the pace the company doctor prescribes, your employer has a weak position to threaten a salary stop. The company doctor determines your work capacity, not your employer. If your employer still threatens, it is advisable to report this to the company doctor.

Verbal threats carry less legal weight

A verbal threat is legally weaker than a written warning. But do not take it lightly. Ask your employer to confirm the threat in writing — this forces them to be specific and gives you a document to respond to.

What can you do?

1

Always respond in writing

Send an email the same day or the next in which you respond to the threat. Confirm that you are willing to cooperate with reintegration and ask for clarification of what exactly is expected of you.

2

Request the specific legal basis

Ask your employer in writing which legal ground (art. 7:629 of the Dutch Civil Code) is being cited and which specific behaviour is considered a shortcoming. Without a concrete basis, a salary stop is not legally valid.

3

Report it to the company doctor

Inform the company doctor about the threat. If the company doctor confirms that you are following the reintegration advice, this is powerful evidence in your favour. Ask the company doctor to record this in writing.

4

Check your own obligations

Honestly assess whether you are meeting all your obligations. Have you attended the company doctor? Are you cooperating with the action plan? If there is a shortcoming, address it immediately and confirm this in writing.

5

Consider a UWV expert opinion

If there is a disagreement about your work capacity or reintegration efforts, you can request a UWV expert opinion. This costs EUR 100 and provides an independent assessment.

6

Seek legal assistance

If the threat appears unjustified or is part of a broader conflict, legal guidance can make a difference. A letter from a legal adviser can bring the employer to reconsider before the situation escalates — sometimes the threat is a signal that your employer wants to get rid of you.

Justified threat vs. unjustified pressure

Possibly justified

  • You have repeatedly not attended the company doctor
  • You refuse suitable work the company doctor deems appropriate
  • You are not cooperating with the action plan
  • The warning is written, specific and includes a deadline
  • A clear legal ground has been specified

Probably unjustified

  • You are following the company doctor's advice
  • The employer wants faster progress than medically responsible
  • No written warning has preceded the threat
  • The threat is vague ("more effort expected")
  • The employer ignores the company doctor's assessment
  • It is combined with pressure to sign a settlement agreement

Common situations

"My employer threatens because I don't work full-time"

"The company doctor says I can work 4 hours per day. My employer wants me full-time and threatens a salary stop if I don't comply."

The company doctor determines your work capacity. If the company doctor advises 4 hours per day, you do not need to work full-time. A salary stop for following the company doctor's advice is generally not legally valid. Report the threat to the company doctor and respond in writing.

"I received a letter but don't understand what they want"

"It says I'm 'insufficiently cooperating with reintegration' but doesn't specify what I should do differently. Now they threaten a salary stop."

A vague warning is legally weak. The employer must be specific about what behaviour they see as a shortcoming and what you should do to prevent the measure. Request written clarification and confirm your willingness to cooperate.

"It was said verbally during a meeting"

"During a reintegration meeting, my manager said they would stop my salary if I don't increase my hours soon. Nothing was put in writing."

A verbal threat carries less legal weight. But take it seriously. Send an email immediately summarising the conversation: "Following our meeting, I understand that you are considering..." This records the threat and forces your employer to respond.

"They threaten and offer a settlement agreement simultaneously"

"My employer threatens a salary stop while also offering a settlement agreement. It feels like they want to force me to sign."

This is a common pattern. The salary stop threat is used as leverage to push you towards a settlement agreement. Never sign under pressure. Have both the settlement agreement and the salary stop threat assessed independently by a legal adviser.

What MediRights can do for you

A salary stop threat is a turning point in your sick leave process. It is often the moment when the relationship with your employer changes permanently. How you respond now determines whether the situation escalates or remains manageable.

MediRights assesses whether the threat holds up legally. We analyse the warning letter, test the basis against the law and the company doctor's advice, and determine whether your employer is following the correct procedure.

If the threat is unjustified, we help you refute it in writing with proper legal arguments. If there is a shortcoming on your side, we advise how to remedy it before the situation escalates. In both cases, you protect your position.

Our approach

  • V Analysis of the warning letter
  • V Testing against legal grounds (art. 7:629)
  • V Comparison with company doctor's advice
  • V Drafting a written response
  • V Strategy to prevent escalation
  • V Guidance through next steps

Is your employer threatening a salary stop?

Have the threat assessed before it escalates. How you respond now determines your position throughout the process.

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