Employers In The Netherlands Cannot Assess Whether Employees Are Sick

In the Netherlands, an employer cannot simply disregard an employee's sick report and instead must engage the occupational physician if there are doubts. Until the physician has expressed an opinion on the employee's capacity or incapacity for work, the employer must respect the sick report, and the employee retains their right to a salary and protection from dismissal. The 's-Hertogenbosch Appellate Court recently confirmed that rejecting a sick report and/or stopping salary payments without prompt consultation of the occupational physician is permitted only in exceptional and compelling circumstances.

What was the situation here?

After the employee had reported sick to both her director and the occupational health and safety service, the director sent her an e-mail the next day informing her that he did not accept the sick report and ordered her to come to work the same day. When the employee did not show up, she was summarily dismissed for failing to come to