Introduction
An employee's sick call comes in Monday morning, and stories in the workplace reveal that he was at a party or festival the night before. For many employers, this is a recognizable but also frustrating situation. As an employer, are you allowed to deal with this? When is it abuse, and what steps can you take to keep a grip on absenteeism? In this blog you can read what the rules are for calling in sick after a party and how to respond sensibly as an employer.
Party behavior and personal responsibility
Every employee has the right to do what he or she wants in his or her free time. This means that partying or going out is also not a prohibited activity. However, employees are responsible for their employability during working hours. In jobs where health and alertness are crucial, think of medical or traffic professions, behavior outside working hours can indirectly affect work. Still, even then, employers should be cautious about drawing conclusions about private behavior.
Reporting sick and the role of the company doctor
A sick report may never be rejected by the employer on his or her own authority, even if there is a suspicion that the illness is "one's own fault," such as excessive drinking. Only the company doctor may assess whether there is incapacity for work.
As an employer, it is therefore important not to speculate or enter into discussions about the reason for calling in sick, but to call in the company doctor as soon as possible. Only after his opinion can it be considered whether the employee is actually unfit for work.
Being proactive with the company doctor
To prevent a situation from lingering in uncertainty, it is wise to quickly pass on the sick call to the occupational health and safety service or company doctor. This speeds up the process and allows the employer to get clarity on the duration and nature of the absence. The company doctor can also identify whether there is repeated short-term absenteeism, which can be grounds for further steps such as an absenteeism interview or improvement program.
Waiting days as a policy tool
Employers can use waiting days to discourage unnecessary or light sick leave. This involves not paying wages on the first day (or first two days) of illness. This arrangement must be included in the employment contract or collective bargaining agreement. Waiting days can be an effective means of reducing short-term absenteeism, such as after a party, without getting directly into conflict over the nature of the sick call.
Conclusion
Reporting sick after a night out can raise questions, but the law provides clear frameworks. Employers are not allowed to judge the validity of a sick call themselves, but must rely on the judgment of the company doctor. With clear communication, prompt liaison with the occupational health and safety service and any policy around waiting days, employers can deal with questionable sick calls in a legally careful manner.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - 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 sick leave. Please feel free to contact us .
April 2025
