Employees' rights and obligations in the event of absenteeism

Absenteeism is, unfortunately, an inevitable part of any workplace. It is an important part of the work of employers, managers and HR so there is also a lot to find out about what this process looks like for them. But what are the rights and obligations of employees who end up in absenteeism ?

When the employee calls in sick, this should be done to the supervisor or other designated person within the organization. For many companies, the policy is to do this as soon as possible, preferably before the start of the workday or shift. Rules about this can often be found in the organization's absenteeism policy , such as who to report sick to, how many hours in advance and in what manner.

An employee has the right to privacy when it comes to his or her medical condition. When an employer asks about the nature of the illness or specific diagnosis, the employee may refuse to answer unless he or she voluntarily shares. Only a medical professional, such as the (company) physician and Occupational Health and Safety Nurse, may have access to this information.

When an employee is in absenteeism , he/she is entitled to continued wages. For the first two years of absenteeism , an employer is required to continue paying at least 70% of wages. However, this amount may not fall below the minimum wage in the first year of absenteeism.

Employees have a real right to support in their recovery and reintegration. This involves access to a (company) doctor and the creation of a plan of action to return from work.

When an employee receives the advice of the (company) doctor but has doubts about it, an employee can have an expert opinion performed at the UWV. This is an independent judgment which is also authoritative.

Calling in sick can already have a lot of impact within an organization in the short term. Therefore, when an employee cannot come to work, he/she is obliged to report it as soon as possible. In addition, an employee is obliged to be available to the employer during the period of absence, provided other arrangements have been made.

An employee is responsible for working on her own recovery and thus her return to work. This means that she is obliged to keep appointments with the (company) doctor and others involved and actively participate in the preparation and implementation of the reintegration plan.

Although employees have the right to privacy regarding their medical information, they should communicate openly and honestly about their illness and recovery. This helps in determining tasks appropriate to their workload and possible workplace adjustments.

When an employee is in absenteeism , there is a step-by-step plan they can easily follow that is based on the Wet Verbetering Poortwachter and provides insight into what is to come:

Day 1: Reporting sick
Week 6: Problem analysis
Week 8: Action plan
Week 52: First-year evaluation with possible occupational health examination and start of track 2 program
Week 91: Final evaluation
Week 93: Deadline for claiming WIA benefit