You are on sick leave and your employer invites you for a meeting. At the office, via video, or "just stop by." Are you obligated to attend? And how do you protect yourself?
You have been on sick leave for some time. Then you receive an invitation from your employer: "Can we talk about the situation?" Or more directly: "You are expected at the office for a meeting." Perhaps you have already indicated that you do not feel up to it. But your employer insists.
The idea of such a meeting can cause enormous stress. Especially if there are already tensions with your employer, or if you fear the meeting will be about something other than your reintegration.
Important: meetings about reintegration are a normal part of the sick leave process. Dutch law expects employer and employee to work together on recovery and return to work. But a meeting must be reasonable — in terms of timing, location, and content.
It becomes problematic when the meeting is used as a pressure tool, when you are not able to attend, or when the employer uses the meeting to discuss matters unrelated to reintegration.
If the meeting is about your reintegration — return to work, adjustments, the action plan — then you are generally obligated to participate. This is part of your reintegration obligations under Dutch law.
If the company doctor has assessed that you are able to have a conversation, that carries significant weight. Refusing may then be seen as not cooperating with reintegration.
If you are medically unable to have a meeting — for example due to serious psychological complaints — you do not have to attend. Have this confirmed by your company doctor.
When meeting with your employer during sick leave, you may always bring someone. A partner, family member, union representative, or legal advisor. This right cannot be refused. It provides support and ensures there is a witness.
If travelling to the office is a significant burden for you, you may request the meeting to be held by phone or video. Or at a location closer to your home. Your employer must be reasonable in this regard.
During sick leave, the employer is limited in which topics can be discussed. The meeting should be about your reintegration and return to work. Performance reviews, disciplinary measures, or discussing termination of employment require separate assessment.
You may ask what will be discussed. If the employer does not want to provide a clear agenda, that is a signal to be alert. A well-intentioned reintegration meeting has a clear purpose.
Ask in writing what the purpose of the meeting is and which topics will be discussed. This gives you the opportunity to prepare and prevents ambush tactics.
Bring a trusted person, partner, or legal advisor to the meeting. This is your right and provides support. Inform your employer in advance that you will bring someone.
Write down what was discussed during or immediately after the meeting. Request a written confirmation of the agreements made. This is your evidence.
If you are unsure whether you are able to attend the meeting, discuss this with the company doctor. The company doctor can advise on your capacity and set conditions.
You do not have to answer questions about your diagnosis, treatment, or private life. You may end the meeting if it becomes unreasonable. State this calmly.
After the meeting, send an email with your summary of what was discussed. This prevents misunderstandings and builds your file.
"My employer wants me to come to the office for a meeting. But I have a burnout and can barely leave the house. The journey alone costs me enormous energy."
The location must be reasonable. If travelling to the office is too great a burden, you may propose an alternative: a video call, phone conversation, or a location closer to you. Have the company doctor confirm that travelling to the office is not feasible for you at this time.
"I attended the meeting and it turned out to be about my performance from before my sick report. There was talk of a file and possible measures. I was not prepared for this."
An ambush tactic is not acceptable. If the meeting addresses topics other than reintegration, you should have been informed in advance. You may end the meeting and request a new appointment with a clear agenda. Always bring someone to future meetings.
"I just reported sick and my employer already wants a meeting. I have not seen the company doctor yet. I do not feel comfortable."
A meeting before the company doctor's assessment is premature. It is customary and wise to have the company doctor assess your capacity before meetings take place. You may request postponement until after your company doctor visit.
"My employer says that if I do not come for the meeting, this will be seen as refusal to work and consequences will follow."
Refusal to work does not apply here. If you are medically unable to attend the meeting, there is no question of refusal to work. Have this confirmed by the company doctor. Respond in writing to the invitation with your reason for not attending and propose an alternative. Keep everything documented. If the employer threatens a salary stop, legal advice is urgent.
A meeting with your employer while you are ill can be daunting. Especially if you feel it is not about your reintegration, but about something else. Or if you fear the meeting will be used to pressure you.
MediRights helps you prepare. We assess whether the meeting is reasonable, advise on your rights, and can accompany or represent you during the meeting.
With the right preparation, you enter the meeting in a stronger position. And you prevent agreements being made that go against your interests.
If the meeting is part of an escalating conflict — pressure, threats, or moves towards termination — we assess your file and provide legal guidance.
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