May an employee be fired for alcohol or drug addiction?
When an employee is struggling with an alcohol or drug addiction, this is often considered an illness in the employment law context. This means that strict rules apply regarding the dismissal of an employee in such a situation. Employers must not only pay close attention, but also act carefully when addictions are an issue.
Ban on notice in illness: the limits for dismissal
In the Netherlands, there is a ban on termination for employees who are sick, and addictions are often classified as a form of illness. This means that an employee may not be fired simply because of illness, including an addiction to alcohol or drugs. This principle became clear in a case at the municipality of Epe, where an official appeared drunk in a Zoom meeting with external parties and citizens. He was summarily dismissed, but the dismissal was later declared unjustified by the court.
Employer responsibility
In this particular case, the official had previously indicated difficulty controlling his alcohol consumption and had already lost his driver's license due to alcohol abuse. Given these facts, the judge ruled that the municipality should have taken more initiative to seriously investigate the employee's problem and possibly provide him with counseling. Employers are accused of taking an active role in supporting an employee with addiction problems. Offering help and counseling is essential to help the employee overcome his addiction.
The importance of good substance use policies
To avoid such situations and be well prepared, it is recommended that employers have an alcohol, medication and drug policy. This policy should include clear agreements on dealing with problematic substance use and addictions. A good policy not only helps make addiction problems negotiable, but also provides clear guidelines for both employees and employers on how to handle such situations. It empowers employees to seek help and helps employers handle such situations responsibly and carefully.
Conclusion: care in addictions in the workplace
Dealing with an employee who has an alcohol or drug addiction requires care and thoughtful policies. Employers should not simply fire an employee based on addiction, but rather should invest in counseling the employee to get him or her back on track. A ban on sick leave protects employees, but an employer's responsibility to provide care and support is also crucial to successfully addressing addictions in the workplace.
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 if you have questions about dismissal law. Please feel free to contact us .
April 2025
