No-show at company doctor: what can you do as an employer?
An employee reports sick and is invited by the occupational health and safety service to a consultation with the company doctor. But on the day of the appointment, things remain quiet: no cancellation, no message, no appearance. Now what? A no-show can be frustrating, but it is important that you act carefully as an employer. In this blog you will read what you should and especially what you should not do.
Start at the beginning: check that the invitation has arrived
Before taking action, it is wise to check the basics. Was the invitation addressed correctly? Was the employee notified of the consultation in a timely manner and at the correct address? A mistake in the records is more common than you think, and can have unpleasant consequences if you take action based on it.
Was the invitation sent correctly and it turns out that your employee just received it? Then call him and ask why he wasn't there. His response will determine how you proceed. In any case, have a new appointment scheduled with the occupational health and safety service and consider giving that date another email or WhatsApp yourself.
Can you deduct the cost of the no-show from the salary?
Most health and safety services charge fees when an employee fails to show up. While it is tempting to recover these costs from the employee through wages, this is not allowed by law. Settlement of costs is allowed only under strict conditions, and in most cases failure to appear at the company doctor's office is not one of them. Even if you have included in your absenteeism regulations that no-show costs will be borne by the employee, that doesn't hold up legally.
The only exception is if you can prove that the employee acted intentionally or knowingly recklessly. But that bar is high. In practice, this is hardly ever assumed by judges.
Is dismissal an option for a no-show?
You cannot simply fire an employee who fails to fulfill his obligations during illness. Certainly not after just one failure to appear. Case law shows that judges only go along with dismissal in exceptional cases, for example when there is structural non-cooperation and clear warnings have been ignored. So a first no-show is no reason to immediately consider termination of employment.
What you can do: suspend pay
The law allows employers to suspend pay if an employee fails to comply with his control obligations. This also applies when he fails to appear at the company doctor's office without a valid reason. What is important here is that you first give a clear warning: let the employee know that the next no-show will result in temporary suspension of pay until he cooperates. This way, you give him the chance to rectify his behavior and you fulfill your own obligations as an employer.
Note that suspending wages is different from stopping wages. With suspension, you hold on to wages temporarily until the employee fulfills his obligations. With cessation, you permanently stop paying wages, but this is only allowed under stricter conditions.
Absenteeism policy: ensure clear ground rules
A good approach starts with clear policies. In a sick leave regulation you can lay down exactly what you expect from sick employees. Think of the way of reporting sick, being available for questions and the mandatory visit to the company doctor. It is important that you not only draw up these regulations, but also actively draw their attention to them. For example, via an e-mail at commencement of employment, during work meetings or via the intranet. That way you can actually fall back on it if necessary.
In conclusion
A no-show at the company doctor's office is annoying, but certainly not an insoluble problem. Start by checking the facts, communicate clearly and be careful in your steps. With clear agreements and well-designed absence regulations, as an employer you have a strong basis to act effectively and legally correct in such situations.
And remember: the goal is and remains reintegration. That is what you and your employee will ultimately benefit most from.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about the duty to disclose. Please feel free to contact us .
April 2025
