My employee calls in sick, but I have doubts. What now?

I don't think my employee is sick at all. What should I do?

As an employer, you want to be there for your people. Good contact and trust are the basis of being a good employer. Still, it can happen that a sick report may surprise you or make you feel unjustified. Perhaps there is a labor conflict going on, or someone reports sick 'strategically' more often. What are you allowed to do then? What should you do?

  Above all, keep talking to each other. A open discussion can remove much ambiguity or mistrust. Especially with repeated short Sickness Absence , a frequent absence call help to discuss patterns and express expectations.

In this knowledge document, we explain step by step what you can do as an employer, with clear references to the law as well as practical tips from the field.

What does the law say?

According to the Wet verbetering poortwachter (Wvp) and the Civil Code (Article 7:629 BW), an employee is entitled to continued payment of wages during illness. This does not require that you as an employer find the illness "credible. The judgment on the labor (un)fitness does not lie with you, but with the company doctor or Occupational Health Service.

Important: As an employer, you are not allowed to ask what exactly is wrong with your employee. Privacy regulations (AVG, AVG Implementation Act) prohibit this. What you may do is have a good conversation with your employee. In order to find solutions together.

Who judges whether someone is really sick?

Only the company doctor may assess whether or not the employee is unfit for work. If you have doubts about the sick report, therefore, the first step is: make a report on ZekerArbo Online or in your absence portal.

Practical steps when in doubt

1. Remain professional and objective

Do not discuss whether someone is really sick. Leave the judgment to the (company) doctor. Keep the contact businesslike, and stay in touch with your employee as much as possible. Say, for example:

"You have called in sick. As always, I will pass this on to our Occupational Health Service. They will assess what is possible."

Invite to come to solutions together, this is always allowed, including before the 1st Occupational Health Service Service appointment

2. Notify your Occupational Health Service .

Contact your employability coach.

When calling in sick, indicate that you have doubts about the reason for calling in sick. You can give context, such as tensions in the workplace or previous patterns. The (company) doctor can take this into account in the assessment.Based on that conversation, the route is determined.

  Especially when in doubt, it is important to get clarity quickly. The (company doctor) assesses whether there is work disability

4. Conflict? Consider intervention

Is there an (impending) labor conflict? If so, a conflict can lead to tension complaints and thus to long-term absenteeism. The (company) doctor can signal this and, for example, suggest to involve an independent conflict counselor or external mediator. ZekerArbo cooperates with GIMD. They mediate between all parties involved.

5. If necessary, request an expert opinion from UWV

If you disagree with the opinion of the company doctor, you can request an expert opinion from UWV. This can be done on the basis of article 7:629a BW. You can find more information on the UWV website .

Beware of these pitfalls

• No wage payment stop on your own initiative.
  You may not stop paying wages on your own initiative. Only in case of serious suspicions of abuse can you take action. Check the UWV website for this.
• Do not ask medical questions.
  You may ask:
  "What are the contact information where you can be reached?"
  "What is your estimate of the duration?"
  "Can you be reached by the company doctor?"
  "Will you stop by for a cup of coffee?"
  "Is there anything I can support you with, is there anything I can do for you?"

Checklist for employers

✅ Have you received the sick call from your employee?
✅ Provide the sick call notification through your absence portal.
✅ Discuss your doubts with the employability coach (IC).
✅ Coordinate further services with the IC.
✅ Write everything down carefully, record the agreements with your employee in the absence file.
If necessary, apply for an expert opinion through UWV.

ZekerArbo helps you further

Unsure about how to proceed? Contact your regular case manager or employability coach of ZekerArbo. We think along, without judgment and help you stay on track in a sometimes difficult situation.