You have just received a settlement agreement from your employer. You are sick and you do not know what to do. Sign? Refuse? Negotiate? Here is what you need to know right now.
You are home sick and receive a letter or email from your employer. It contains a proposal to end your employment contract "by mutual consent." A sum is mentioned, an end date, and the suggestion that this is a good solution.
Perhaps it feels like a relief — finally clarity. Or perhaps it feels like a blow. You are sick, vulnerable, and now your employer is asking you to sign away your job.
Whatever you feel: the most important thing right now is to not sign anything. Not today, not tomorrow. A settlement agreement during sick leave is one of the most risky documents you can sign.
Also read the detailed page about settlement agreements during sick leave for the full legal context and risks.
Two years of continued salary payment is costly. Your employer calculates that a departure package now is cheaper than completing the full sick leave trajectory. A settlement agreement gives the employer control over the outcome.
Employers often present settlement agreements at vulnerable moments: shortly after a relapse, when reintegration stalls, or when you are emotionally exhausted. The timing is rarely coincidental — it is the moment you are most likely to say "yes."
Sometimes the settlement agreement is the result of a longer-simmering conflict. There was already pressure from the employer, disagreements about reintegration, or a strained relationship. The agreement formalises what has been building.
A settlement agreement is always voluntary. Your employer cannot force you to sign. The dismissal ban during sick leave means your employer also cannot dismiss you if you refuse. You have the stronger position.
Signing during sick leave can mean: no unemployment benefits, no Sickness Benefits Act payment, and problems with your disability assessment. The UWV may rule that you are culpably unemployed. The financial difference can be tens of thousands of euros.
The amount stated in the agreement is an opening offer. Employers almost always start lower than what they are willing to pay. There is room for negotiation — sometimes considerably.
Employers often create a sense of urgency: "This offer is valid until Friday" or "After that, it will be less." This is a negotiation tactic. You are protected by the dismissal ban. The employer has more reason to hurry than you do.
Store the settlement agreement safely. Note when you received it and how (email, registered post, in person). This is important for potential deadlines.
Confirm receipt by email. "I confirm that I have received the proposal. I will have it reviewed and will respond in due course." Say no more. Do not engage in discussion, do not explain anything.
A settlement agreement during sick leave contains risks you cannot assess yourself. Have it reviewed for: consequences for benefits, amount of compensation, end date, non-compete clause, notice period.
What if you do not sign? You keep your job, your salary, and your reintegration rights. The dismissal ban protects you. Sometimes not signing is the best choice. Sometimes negotiating is better. That depends on your situation.
If departure is an option, negotiate better terms. Higher compensation, longer garden leave, removal of non-compete clause, reimbursement of legal costs. The dismissal ban gives you negotiating power.
Do not make a decision based on emotion, pressure or fatigue. You have weeks, not days. Only when you understand the risks and know the alternatives can you make an informed choice.
"In a moment of stress I signed. Now I realise it may not have been wise."
You have a legal 14-day cooling-off period (21 days if the cooling-off period is not mentioned in the agreement). Within that period you can withdraw in writing. Send a registered letter immediately. Then seek legal advice about your further options.
"They say: sign this week, otherwise the compensation will be lower."
This is a common negotiation tactic. In reality, every month you remain employed costs your employer more money (continued salary payment). The employer has more reason to hurry than you. Take your time and have the proposal reviewed.
"A substantial amount is being offered. It seems generous."
Calculate what you lose in benefits if you sign during sick leave. Six months without unemployment or sickness benefits can cost more than the "generous" compensation. Have a legal adviser calculate the total financial consequences.
"The relationship with my employer is poor. I want to leave, but I do not want to end up without income."
Leaving is possible, but only under the right conditions. With the right wording, timing and agreements, a settlement agreement can be safe even during sick leave. But this requires legal guidance to safeguard your benefits.
Receiving a settlement agreement during sick leave is a stressful moment. You must act promptly, but not hastily. The difference between a well-assessed agreement and an impulsively signed one can be financially enormous.
MediRights reviews your agreement for all risks: benefits, compensation, deadlines, formulations. We calculate what you gain and lose from signing versus not signing.
If negotiation makes sense, we handle it. We ensure the agreement meets all requirements for preserving your benefits and that the compensation matches your situation and your dismissal protection.
Have it reviewed before you decide. One wrong signature can cost thousands of euros in lost benefits.
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