Employee Obligations During Sick Leave: A Guide for Expats

As an expat employee in the Netherlands, you may encounter illness and long term sick leave. While this process often goes smoothly, disputes can sometimes arise between employers and employees regarding sick leave. This article aims to guide you through the ins and outs of sick leave and clarify your obligations as an employee when you are unwell.

Reporting Sick

Step 1: Notify your employer

Your company’s sick leave policy should provide clear instructions on how to promptly report your illness, partial returns, and recovery to your employer. Typically, you should notify your manager or HR by phone before your scheduled working hours.

Step 2: Follow sick leave procedures

Once you report your illness, the company will inform the occupational health physician (bedrijfsarts), or the occupational health and safety service (arbodienst). Your employer is required to follow the mandatory procedures set by Dutch law. This may require that you submit your sick leave through a HR portal, maintain communication with your manager and case manager, and/or filling out forms from the UWV.

It is important for you to stay in contact with your employer regarding any changes in your condition.

Salary rights during illness

If an employee is unable to work due to illness, they are entitled to at least 70% of their salary during the first year of illness, with a guarantee of at least the minimum wage. In the second year of illness, the employee is entitled to at least 70% of their salary, but the employer is not required to uphold the minimum wage. Employees may receive more salary if there are agreements on this in the collective labour agreement (CAO) or in the employment contract. Also, an employer is only obligated to pay 70% of the salary as long as the employee’s salary does not exceed the maximum daily wage.

However, if the employee fails to comply with monitoring requirements or refuses suitable work, the employer may suspend or stop paying their wages.

Reintegration obligations

During periods of illness, employees are obligated to actively participate in their reintegration process.

• Employees are generally required to contribute to their recovery and should avoid actions that could hinder or delay their healing.
• Employees have the freedom to choose which doctor or specialist they wish to consult, provided that the treatment is accepted by general medical standards.
• Employees are expected to maintain a positive and proactive approach during their reintegration and to follow reasonable instructions from their employer or experts.
• Employees must cooperate in drafting or adjusting a reintegration plan and participate in various evaluations.
• Employees should be willing to participate in any training or education offered by the employer to enhance their employability in their current or other suitable roles.

Conclusion

Understanding the obligations related to sick leave and reintegration is essential for employees, especially expats, to ensure their rights are upheld and to facilitate a smooth recovery process. By being aware of their responsibilities during illness, including active participation in their recovery and adherence to reintegration plans, employees can navigate their situation effectively. This knowledge not only protects their employment rights but also promotes a positive relationship with their employer, ultimately leading to a more successful return to work.

Questions?

If you have a question about your sick leave, reintegration, or another related subject, please feel free to contact us on 070 361 5048 or through our website GMW lawyers.