Introduction
Calling in sick can sometimes raise questions for employers. Yet strict rules around verification and privacy apply. Employers may not just check themselves whether an employee is really sick. This blog explains which steps are allowed and how acting carefully can limit legal risks.
Checking yourself is not allowed
When an employee calls in sick, it can sometimes raise questions for the employer. Yet an employer may not simply visit an employee's home on its own initiative to check whether the employee is really sick. This is prohibited under privacy rules. The employer may propose a visit out of commitment, but only if the employee agrees.
The proper course of action is to call in the occupational health and safety service or company doctor . The latter can schedule a home visit if necessary. However, strict rules apply here: an employee does not have to stay home all day to make a visit possible. Nor may the occupational health and safety service or company doctor visit daily without necessity. The basic principle is that the employee's privacy is invaded as little as possible.
What if there is doubt about the sick call?
Sometimes an employer has concrete indications that an employee may not be sick at all. In such exceptional cases, it may be permissible under certain conditions to hire a company investigator to investigate further. However, this must be done carefully and only if there are serious reasons to doubt the sick report.
A well-known example of this is a case where a temporary worker, who worked at farms, called in sick after he was kicked by a cow and could no longer use his right arm properly. According to his statement to the company doctor, he could not strain his arm. However, the temp agency received an anonymous tip that the employee was working at his girlfriend's flower store.
Indeed, observation by company investigators revealed that the employee performed physical work there on several days, such as lugging stuff. On this basis, he was summarily dismissed. The judge ruled that the dismissal was legally valid, in part because the employee had hindered his recovery and had abused his sick status.
Care is essential
Employers are well advised to always act carefully when in doubt about illness. If you suspect abuse, always involve the company doctor first and only take further steps if there are clear indications of it. This will reduce the risk of legal proceedings and claims for damages.
Conclusion
Employers may not check on their own initiative when in doubt about illness. Only the company doctor or occupational health and safety service may conduct investigations, possibly followed by observation if there are serious indications of abuse. Care and respect for the employee's privacy are essential here.
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 regulations surrounding illness. Please feel free to contact us .
April 2025
