An employer may not ask an employee for a doctor’s note. Sick employees enjoy significant protection against dismissal, including the right to privacy. The employer may not inquire about details regarding the illness, its causes, or the employee\u2019s ability to work. Therefore, requesting a doctor\u2019s note is not permitted. <\/p>\n\n
Information Needed for Work or Reintegration<\/strong><\/p>\n\n When an employee reports sick, the employer may only request information that is necessary for the performance of the employment contract, the prevention of operational problems, or the employee\u2019s return to work. This may include, among other things, the employee\u2019s phone number and (home) address, the expected duration of the illness, ongoing appointments or tasks that need to be delegated, and specific information about the nature of the illness. <\/p>\n\n Policy Rules of the Dutch Data Protection Authority<\/strong><\/p>\n\n The Dutch Data Protection Authority stipulates that employers may only request certain information when an employee reports sick, as mentioned above. Notes regarding the illness in the personnel file are generally not permitted, unless they are necessary for the employee\u2019s safety. <\/p>\n\n Safety Exception<\/strong><\/p>\n\n In the case of medical conditions such as diabetes or epilepsy, which may affect an employee\u2019s safety, the employer may inform relevant coworkers. However, this must be limited to what is strictly necessary for safety. <\/p>\n\n Consulting an occupational health physician<\/strong><\/p>\n\n If there are doubts about the sick leave report, the employer may consult the occupational health physician. After six weeks of sick leave, the occupational health physician must prepare a problem analysis, but the employer may consult the occupational health physician earlier. If the employee refuses to cooperate, the employer may withhold pay. <\/p>\n\n UWV Expert Opinion<\/strong><\/p>\n\n If doubts remain, the employer may ask the UWV for an expert opinion. If the employee refuses to cooperate with the assessment, their wages may be suspended. <\/p>\n\n Suspension of Wages Is Not Always Lawful<\/strong><\/p>\n\n A ruling<\/a> by the Den Bosch Court of Appeals indicates that withholding wages and requiring a doctor\u2019s note are not always justified. Employers must be aware of privacy regulations and the specific conditions for obtaining medical information. <\/p>\n\n 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 business owners on a daily basis with a wide range of employment law issues. From employment termination cases to drafting watertight agreements and policies, his practical and personalized approach helps employers and employees move forward. Want to learn more? Visit Stijn’s page<\/a>. <\/p>\n\n
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