Employees on sick leave are required to cooperate with their return-to-work program. If they fail to do so, an employer may suspend or even terminate their pay. However, such measures should not be taken lightly. The subdistrict court judge of the Midden-Nederland District Court reiterated this in a case in which both a suspension and a termination of wages were imposed on a sick employee. The judge ruled that these sanctions were unjustified and ordered the employer to pay the back wages.
Suspension of Wages: A Temporary Measure in Cases of Uncertainty
A suspension of wages is intended as a means of pressure when it is unclear whether an employee is actually sick, for example, when he fails to show up for an appointment with the company doctor. As soon as the employee resumes cooperation with the return-to-work program, the withheld wages must be paid.
Wage Freeze: Definitely No Right to Wages
A wage suspension goes a step further: the employee loses the right to wages, even retroactively. This is permitted only in cases of serious culpability, such as refusing suitable work or failing to cooperate with a corrective action plan.
Judge: No Grounds for Suspension of Wages
In the case at hand, the employee reported sick on January 11, 2022. The employer felt that he was not cooperating sufficiently with his return-to-work program and decided, effective October 2022, to first suspend his wages and then terminate them. The reason was his failure to attend appointments with the company physician. The employee disputed this and argued, among other things, that he had indeed attended the appointment on September 20, 2022, but had to return home after testing positive for COVID-19. He claimed he never received a new invitation for an appointment on October 19.
The subdistrict court ruled in favor of the employee. There was insufficient evidence that he had been informed of the appointment on October 19. In addition, he had visited the company doctor on November 30 after all. Because no realistic opportunities for reintegration had been missed and the suspension of wages led to financial difficulties, the judge ruled that it was not justified.
The wage freeze won’t hold either
With regard to the wage freeze, it turned out that the employer had not sent the action plan until after the wage freeze had been imposed. Although the employee returned it slightly later than requested, the court ruled that it was still on time. Furthermore, the employer was unable to demonstrate that the employee had hindered his own recovery. Consequently, there was no valid reason for suspending his wages.
Consequences for the Employer
The subdistrict court judge declared the wage suspension and wage freeze invalid and ordered the employer to pay the full wages for three months, including statutory increases and interest. In addition, the employer was ordered to pay the litigation costs.
A Lesson for Employers: Exercise Caution When Imposing Pay Sanctions
This ruling shows that wage sanctions in the event of illness are justified only if the employer acts with due care. This means: clear and verifiable communication, written warnings, and demonstrable consultation regarding reintegration. If this is not done, a wage penalty can quickly prove untenable, and the wages must still be paid.
When in doubt, employers would be wise to seek legal advice before suspending or terminating an employee’s pay. The bar is set high, and the financial and legal consequences of an unjustified action are significant.
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 contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about wage suspension or a wage freeze. Please feel free to contact us .
April 2025