Sick employees: every employer has to deal with them to a greater or lesser extent. Again, preventing is better than curing.
With a good sick leave policy and good working conditions, as an employer you keep absenteeism as low as possible. But what if employees fall ill anyway? Naturally, you want your sick employee to return to work as soon as possible.
The rules regarding sick leave are extensive and complex. There are different reintegration obligations for both employers and employees. Kop Advocaten will gladly advise you on your rights and obligations as an employer.
Ban on notice and sick pay
The employment contract of a sick employee may not be terminated (ban on notice during illness). There is also an obligation to continue to pay wages during illness for 104 weeks. The amount of pay during the first year of illness is at least 70% of the maximum daily wage. This is determined by law, but other agreements can be made in the collective bargaining agreement or individual employment contract in favor of the employee. You often see in collective agreements that the wage continuation obligation during the first year of illness is 100% of the salary. In the second year of illness, the salary continuation often goes to 70%, but even this is not necessarily the case. During these two years, employer and employee are obliged to shape the reintegration together.
Sickness or labor disputes?
It regularly happens that employees call in sick when in fact there is a labor dispute. A good company doctor will not judge such a sick report as “unfit for work due to illness”, unless there is a clear medical cause, but will advise the employee to enter into discussions with his employer as soon as possible, to resolve the situation. Sometimes a two-week “cooling off period” is granted by the company doctor. Often mediation is also advised here, so that a neutral third party can help resolve the conflict.
Other problems
Is your problem not listed?Please schedule an appointment for a consultation.
Are you dealing with a sick employee and reintegration is not progressing or the working relationship has now become disrupted?
If so, please do not hesitate to contact our office without obligation.
