What If Your Employer Keeps You Registered as 1% Sick?
Introduction
You’ve fully recovered from illness and returned to work, yet you find out your employer is still registering you as 1% sick. It may sound harmless, but this small detail can have major legal consequences. In this blog, we explain why it's important to take this seriously and what you can do to prevent problems.
What does it mean to be registered as 1% sick?
Imagine you're back at work, doing your full job without restrictions. But on paper, your employer continues to report you as 1% sick to the UWV (Dutch Social Security Agency). It may seem minor, just an administrative detail, but the consequences can be significant.
While it doesn’t affect your pay or work duties, it means your sick leave registration hasn’t officially ended. That matters.
Why is this a problem?
If you're still registered as even partly sick, your official sick leave period continues. After 87 weeks of registered illness, your employer can apply for dismissal through the UWV on the grounds of long-term incapacity for work. That risk still applies, even if you're already working full-time and feel fully recovered.
Some employers may deliberately leave a small percentage of sick registration in place to make it easier to initiate dismissal later. This could wrongly classify you as long-term sick.
What can you do if you're still marked as sick?
If you notice you’re still registered as sick, even at 1%, but you consider yourself fully recovered, take action immediately:
Inform your employer in writing that you’re working your full contracted hours and performing all regular duties without limitations.
Clearly state that you consider yourself fully fit for work.
If that doesn’t resolve the issue, request an assessment from the company doctor (bedrijfsarts). Ask them to confirm that you're fully recovered and should no longer be marked as ill. You can use this formal medical opinion to pressure your employer to officially report you as fully recovered.
Conclusion
Being listed as 1% sick may seem insignificant, but it can lead to being wrongly classified as long-term unfit for work — potentially resulting in dismissal. Always monitor your sick registration status and act quickly if it doesn't reflect your true situation. If necessary, involve the company doctor to formally establish your recovery.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of sick leave or return-to-work procedures? Feel free to get in touch.
June 2025
