Introduction
There may be times when you disagree with the company doctor’s recommendation regarding your return to work. If the company doctor determines that you are ready to return to work, but you feel that you are not yet able to do so, there are several steps you can take. Below are some possible actions you can take.
Step 1: Meet with the company physician
The first thing you can do is talk to the company doctor again. Ask for the basis of his or her assessment. The company doctor likely has specific reasons for recommending that you return to work. It’s important that you clearly explain why you think this isn’t possible yet. This could be because your symptoms persist or your health hasn’t recovered sufficiently, for example.
Step 2: Ask to be referred to your primary care physician or specialist
If your primary care physician or specialist believes that you have not yet fully recovered and need rest, you can ask the company physician to contact these healthcare providers. The company physician can then obtain additional medical information and take it into account in his or her assessment.
Step 3: Request a second opinion
If the consultation with the company physician does not lead to a solution, you have the right to request a second opinion from another company physician. This physician will reassess the situation and provide you with advice. A second opinion can sometimes help clarify your return to work and any limitations on your recovery. The costs for a second opinion are generally covered by the employer. Please note: the advice provided in the second opinion is not binding, but the first company physician must indicate how he or she will address it.
Step 4: Expert Assessment by the UWV
If both the original company physician and the second-opinion physician believe that you are fit to return to work, but you still disagree, you can request an expert opinion from the UWV. This opinion is not binding, but it is often given significant weight in legal proceedings. The cost of requesting an expert opinion is €100 for employees and €400 for employers. The UWV aims to issue an opinion within a few weeks.
Step 5: Follow the company doctor’s advice
Until you have received a second opinion or an expert assessment, you must continue to follow the company doctor’s advice. This is important to avoid legal complications with your employer. Stay in communication with your employer and let them know if you feel you are unable to return to work.
Conclusion
If you disagree with the company doctor, there are several steps you can take to have your situation reassessed. From having a thorough discussion with the company doctor to requesting an expert opinion from the UWV—you have various options for seeking justice.
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 agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about sick leave policies. Please feel free to contact us .
April 2025