Is your employer keeping you ‘sick’ while you have recovered? This is not allowed just like that!
You have reported yourself fully recovered. Yet your employer continues to insist that you are ‘not yet permanently recovered,’ and you remain registered as sick on the administrative side. Why is this happening? And is this even allowed?
As a law firm in Rotterdam, we see that this is happening increasingly often – frequently with major consequences for employees.
What exactly is the employer doing here?
The employer often relies on the so-called sustainability test: you would only be considered recovered once you have worked full-time for four to six weeks. Until then, you remain ‘administratively sick’, even if you are fit for work.
The reason? A new sick leave notification would trigger a new 104-week obligation to continue paying wages. Employers want to avoid this.
Why this is legally unacceptable
This policy is not legislation, but an internal trick. Without medical justification, an employer is not allowed to ‘keep you sick’. Only an occupational physician may make a judgment on this – and the NVAB (professional association of occupational physicians) explicitly advises against cooperating with this.
What can you do?
- Request written confirmation of your recovery notification.
- Demand an opinion from the company doctor.
- Have a legal letter sent or start proceedings through the subdistrict court.
Ember law firm supports you every step of the way: legally strong, fast, and without fuss.
Conclusion
Are you being wrongly kept registered as sick? Then seek legal assistance. Ember law firm from Rotterdam tackles these types of situations firmly and effectively. Contacting us is easy. Call: 085 303 8277.
Frequently Asked Questions
Employers often use a “sustainability test,” claiming you are only officially recovered after working full-time for four to six weeks. They do this to avoid triggering a new 104-week wage payment obligation if you were to fall sick again.
No, this is an internal administrative trick and is not backed by legislation. An employer cannot determine your medical status; only an occupational physician can legally make that judgment.
Only an occupational physician (company doctor) is qualified to make a medical judgment regarding your recovery. The professional association of occupational physicians (NVAB) explicitly advises against cooperating with employers’ internal “sustainability tests.”
You should immediately request written confirmation of your recovery notification, demand an official opinion from the company doctor, and seek legal assistance to have a formal letter sent or start proceedings through the subdistrict court.
