Illness while abroad & wage freeze

In principle, an employee who is sick is entitled to continued pay. However, in return, certain obligations are expected of a sick employee. He or she must cooperate with medical examination requirements, be available to the company doctor, and make an effort toward recovery and reintegration.

A recent ruling by the Amsterdam District Court clearly illustrates how important these obligations are, especially when an employee is staying abroad while on sick leave.

This case involved an employee who reported sick while staying in Israel. The employer, D-Pers, had an absence protocol that clearly outlined what an employee must do in the event of illness while abroad. Among other things, the employee was required to provide her address of residence, submit medical information, and clarify whether she was able to travel or perform suitable work.

According to the employer, this was not done sufficiently. The employee remained in Israel for an extended period, while the company physician deemed that an examination and further guidance were necessary to assess her work capacity and reintegration options. Due to her stay abroad, these examinations were delayed or did not get off the ground (properly).

The employee claimed that she could not return to the Netherlands, but she failed to provide sufficient evidence to support this claim. In addition, she indicated that she had a social safety net in Israel. The court did not consider this a circumstance for which D-Pers should be held responsible. The employee could have been expected to remain readily available, to seek adequate treatment for her symptoms, and to make active efforts to facilitate her reintegration. According to the court, she had failed to do so sufficiently.

Furthermore, the employer had first issued a warning to the employee and only then suspended her wages. The UWV had also concluded in a Medical Expert Opinion that the employee’s reintegration efforts had been insufficient. All things considered, the judge therefore found it plausible that the wage suspension had been applied correctly.

This ruling demonstrates that a proper absence protocol is not merely a paper formality. Especially in cases of illness abroad, it is important to have clear rules in place beforehand and to follow them properly. What must the employee report? What medical information is required? When is the employee expected to return? And how can the employee remain reachable for the company doctor and other experts?

Questions about reintegration or your absence protocol? Please contact Dennis Oud, Elke Hofman-Bijvank, Noa Bilogrevic or with me.

You can read the ruling here