Introduction
An employee calls in sick on Monday morning, and stories from the workplace suggest that he was at a party or festival the night before. For many employers, this is a familiar—but also frustrating—situation. As an employer, are you allowed to take action in this situation? When does it constitute abuse, and what steps can you take to keep absenteeism under control? In this blog, you’ll learn the rules regarding calling in sick after a party and how to respond wisely as an employer.
Party Behavior and Personal Responsibility
Every employee has the right to do whatever they want in their free time. This means that partying or going out is not a prohibited activity. However, employees are responsible for maintaining their ability to perform their duties during work hours. In roles where health and alertness are crucial—such as medical professions or jobs involving traffic—behavior outside of work hours can indirectly affect work performance. Even so, employers must exercise caution when drawing conclusions based on an employee’s private behavior.
Sick Leave and the Role of the Company Physician
An employer may never reject a sick leave request on its own authority, even if there is a suspicion that the illness is “self-inflicted,” for example, due to excessive alcohol consumption. Only the company physician may determine whether an employee is unable to work.
As an employer, it is therefore important not to speculate or engage in discussions about the reason for the sick leave, but to involve the company physician as soon as possible. Only after the physician’s assessment can it be determined whether the employee is actually unable to work.
Working Proactively with the Company Physician
To prevent a situation from remaining in limbo, it is advisable to promptly report the sick leave to the occupational health and safety service or the company physician. This speeds up the process and allows the employer to gain clarity on the duration and nature of the absence. The company physician can also identify whether there are repeated instances of short-term absences, which may warrant further steps such as an absence review or a performance improvement plan.
Waiting Periods as a Policy Tool
Employers may impose waiting periods to discourage unnecessary or frivolous sick leave claims. This means that no wages are paid on the first day (or first two days) of sick leave. However, this provision must be included in the employment contract or collective bargaining agreement. Waiting days can be an effective way to reduce short-term absences—for example, after a party—without immediately entering into a dispute over the nature of the sick leave claim.
Conclusion
Sick leave following a night out may raise questions, but the law provides a clear framework. Employers may not make their own judgment regarding the validity of a sick leave report but must rely on the judgment of the company physician. Through clear communication, prompt coordination with the occupational health and safety service, and, if applicable, policies regarding waiting periods, employers can handle questionable sick leave reports in a legally sound manner.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about sick leave. Please feel free to contact us .
April 2025