Introduction
Returning to work fully after illness, but still being partially reported sick: it seems harmless, but can have major consequences. This blog explains why it is important to be alert when an employer leaves you administratively sick for 1% and what steps you can take to avoid problems.
What does it mean if you continue to be reported sick at 1%?
Suppose you are fully recovered after a period of illness and ready to return to work fully. Then you discover that your employer still leaves you on 1% sick leave. At first glance, this seems harmless. One percent, what does it matter?
Still, it is wise to pay close attention to this. Because as long as you are not fully recovered on paper, your period of illness simply continues. This has nothing to do with your wages or your activities: it is about the administrative registration with the UWV.
Why is that a problem?
The consequences can be quite serious. If you are still officially reported sick, after 87 weeks your employer can apply for a termination permit from the UWV for long-term disability. Even if by now you are just doing all your normal work and experiencing no restrictions in doing so.
For this reason, employers may sometimes be tempted to keep an employee administratively partially sick in order to later invoke this ground for dismissal. This puts you at risk of being unfairly treated as long-term disabled.
What can you do if you remain wrongly reported sick?
Do you discover that you are still reported sick for a small percentage even though you feel fully recovered? If so, it is important to take immediate action. Inform your employer in writing that you are back to working your full contract hours, performing your normal duties, and consider yourself completely better.
Can't work it out together? Then ask the company doctor for an opinion. Indicate that your employer is keeping you sick for a small percentage and ask the company doctor to determine that you are fully recovered. This opinion can then be used to get the employer to report you fully recovered.
Conclusion
A 1% administrative sick report can result in an employee being unfairly treated as long-term disabled. This can affect the employment relationship and even lead to dismissal proceedings. It is therefore important to take timely action and, if necessary, call in a company doctor to have full sick leave recorded.
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 illness. Please feel free to contact us .
April 2025
