Sick employee abroad

An employee calls in sick while staying abroad. Can the employer then require the employee to return to the Netherlands for an examination by the company doctor? And what if the employee refuses?

A recent ruling shows that, under certain circumstances, an employer may indeed require an employee to return to the Netherlands for an examination by the company doctor. If the employee refuses to cooperate, a suspension of pay may be justified.

In this case, an employee traveled to Portugal due to a family emergency. His dog, which was staying with his mother, was dying and could no longer be cared for by his mother. One day after his dog’s death, the employee reported sick with physical and psychological symptoms. The employee sent the employer a “certificate of temporary incapacity,” stating that he was temporarily unable to travel. The company doctor in the Netherlands saw things differently. According to the company doctor, there was no medical restriction on travel, and it was necessary for the employee’s reintegration that he return to the Netherlands, among other things for physical appointments and to begin treatment in the Netherlands. The employee did not do so, after which the employer stopped paying his wages.

The subdistrict court ruled that the employer’s request to return to the Netherlands for in-person appointments with the company physician was a reasonable requirement. By refusing to comply, the employee breached his reintegration obligations. According to the subdistrict court, the employer was therefore justified in suspending his pay.

In addition, the subdistrict court ruled that the fact that a second opinion had been requested did not suspend the ongoing reintegration obligations. In other words: as long as there is no other opinion from the company doctor, the employee must continue to comply with the existing agreements.

The essence of this ruling is that an employer may rely on the company doctor’s opinion when organizing the reintegration process. If the company doctor indicates that physical presence in the Netherlands is necessary and that there are no medical restrictions on travel, then an instruction to return is, in principle, a reasonable requirement. An employee must cooperate with this, unless there is an objective medical reason not to do so. If an employee fails to do so, the employer may suspend their wages.

Do you have any questions? Please feel free to contact Dennis Oud, Tessa Sipkema, Elke Hofman-Bijvank, or Noa Bilogrevic.

You can read the ruling here.