When an employee calls in sick, sometimes the employer has doubts about the legitimacy of calling in sick. In such a case, the question of a doctor's certificate may arise. But what are the rules?
Employment law: no, no doctor's note
An employer may not ask an employee for a doctor's note. Sick employees enjoy significant (discharge) protections, including the right to privacy. The employer may not inquire about details about the employee's illness, causes, or ability to work. Thus, requesting a doctor's statement is not permitted.
Information needed for employment or reintegration
When calling in sick, the employer may only request information necessary for the performance of the employment contract, the prevention of business problems, or for the reintegration of the employee. This may include the employee's phone number and (nursing) address, the expected duration of the illness, current appointments or work to be transferred, and specific information about the nature of the illness.
Policy rules Personal Data Authority
The Personal Data Authority prescribes that the employer may only request certain information when the employee reports sick, as mentioned above. Notes about the illness in the personnel file are in principle not allowed, except when necessary for the safety of the employee.
Safety exception
In case of medical conditions such as diabetes or epilepsy, which may affect the employee's safety, the employer may inform relevant colleagues. However, this should be limited to what is strictly necessary for safety.
Engaging occupational health physician
If there are doubts about calling in sick, the employer can call in the Occupational Physician. After six weeks of illness, the Arbo doctor must prepare a problem analysis, but the employer may call on the Arbo doctor earlier. If the employee refuses to cooperate, the employer may suspend pay.
UWV expert opinion
If doubts remain, the employer can ask the UWV for an expert opinion. If the employee refuses to cooperate with the opinion, wages may be suspended.
Suspension of wages not always lawful
It follows from a ruling by the Den Bosch Court of Appeals that suspending pay and requiring a doctor's statement is not always justified. Employers should be aware of privacy rules and the specific conditions for obtaining medical information.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – 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 when you are dealing with a (long-term) sick employee. Please feel free to contact us .
January 2024
