{"id":5974,"date":"2025-04-18T09:35:54","date_gmt":"2025-04-18T06:35:54","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/calling-in-sick-after-a-party-what-can-you-do-as-an-employer\/"},"modified":"2026-08-16T15:45:48","modified_gmt":"2026-08-16T12:45:48","slug":"calling-in-sick-after-a-party-what-can-you-do-as-an-employer","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/calling-in-sick-after-a-party-what-can-you-do-as-an-employer\/","title":{"rendered":"Calling in sick after a party: What can you do as an employer?"},"content":{"rendered":"\n

Introduction<\/strong><\/h4>\n\n

An employee calls in sick on Monday morning, and stories from the workplace suggest that he was at a party or festival the night before. For many employers, this is a familiar\u2014but also frustrating\u2014situation. As an employer, are you allowed to take action in this situation? When does it constitute abuse, and what steps can you take to keep absenteeism under control? In this blog, you\u2019ll learn the rules regarding calling in sick after a party and how to respond wisely as an employer. <\/p>\n\n

Party Behavior and Personal Responsibility<\/strong><\/h4>\n\n

Every employee has the right to do whatever they want in their free time. This means that partying or going out is not a prohibited activity. However, employees are responsible for maintaining their ability to perform their duties during work hours. In roles where health and alertness are crucial\u2014such as medical professions or jobs involving traffic\u2014behavior outside of work hours can indirectly affect work performance. Even so, employers must exercise caution when drawing conclusions based on an employee\u2019s private behavior. <\/p>\n\n

Sick Leave and the Role of the Company Physician<\/strong><\/h4>\n\n

An employer may never reject a sick leave request on its own authority, even if there is a suspicion that the illness is \u201cself-inflicted,\u201d for example, due to excessive alcohol consumption. Only the company physician may determine whether an employee is unable to work<\/a>. <\/p>\n\n

As an employer, it is therefore important not to speculate or engage in discussions about the reason for the sick leave, but to involve the company physician as soon as possible. Only after the physician\u2019s assessment can it be determined whether the employee is actually unable to work. <\/p>\n\n

Working Proactively with the Company Physician<\/strong><\/h4>\n\n

To prevent a situation from remaining in limbo, it is advisable to promptly report the sick leave to the occupational health and safety service or <\/a> the company physician<\/a>. This speeds up the process and allows the employer to gain clarity on the duration and nature of the absence. The company physician can also identify whether there are repeated instances of short-term absences, which may warrant further steps such as an absence review or a performance improvement plan. <\/p>\n\n

Waiting Periods as a Policy Tool<\/strong><\/h4>\n\n

Employers may impose waiting periods to discourage unnecessary or frivolous sick leave claims. This means that no wages are paid on the first day (or first two days) of sick leave. However, this provision must be included in the employment contract or collective bargaining agreement. Waiting days can be an effective way to reduce short-term absences\u2014for example, after a party\u2014without immediately entering into a dispute over the nature of the sick leave claim. <\/p>\n\n

Conclusion<\/strong><\/h4>\n\n

Sick leave following a night out may raise questions, but the law provides a clear framework<\/a>. Employers may not make their own judgment regarding the validity of a sick leave report but must rely on the judgment of the company physician. Through clear communication, prompt coordination with the occupational health and safety service, and, if applicable, policies regarding waiting periods, employers can handle questionable sick leave reports in a legally sound manner. <\/p>\n\n

\n