Employee Misses Appointment with Company Doctor: What Can You Do as an Employer?
No-show at the occupational health consultation: how should you respond?
An employee calls in sick and is invited by the occupational health service for an appointment with the company doctor. But when the day arrives, nothing. No message, no explanation, and no appearance. What now? While this kind of no-show can be frustrating, it’s essential to respond carefully and in accordance with the law. Here’s what you should and shouldn’t do as an employer.
Start with the basics: check whether the invitation was received
Before taking any action, first verify whether the invitation reached the employee. Was it correctly addressed? Was it sent in time and to the right location? Administrative errors are more common than you think and can have serious consequences if you base disciplinary steps on faulty information.
If the invitation was properly delivered and you have confirmation that the employee received it, try calling them. Ask why they didn’t show up. Their response will determine the next steps. In any case, have the occupational health service schedule a new appointment and consider also sending that date yourself via email or WhatsApp to ensure clarity.
Can you deduct the no-show fee from the employee’s wages?
Many occupational health services charge a fee when an employee misses an appointment. It might be tempting to pass this cost on to the employee via their salary, but legally, that’s not allowed. Wage deductions are only permitted under strict conditions, and a missed doctor’s appointment generally doesn’t qualify. Even if your absence policy says the employee must cover no-show costs, this will usually not hold up in court.
The only exception is if the employee acted intentionally or with gross negligence but that’s a high bar and rarely accepted by judges.
Is dismissal an option after a no-show?
Failing to appear once is not grounds for immediate dismissal. According to case law, judges only support termination in exceptional cases, typically involving a pattern of non-compliance and ignored warnings. A single no-show is not enough to justify ending the employment contract.
What you can do: suspend wages
The law allows employers to suspend salary payments if an employee fails to meet their obligations during sick leave. This includes failing to attend the company doctor’s consultation without a valid reason. But first, you must issue a clear warning: notify the employee that further non-compliance may result in temporary suspension of pay until they cooperate. This gives the employee a chance to correct their behavior and shows that you are meeting your obligations as an employer.
Important: suspending pay is different from terminating or stopping payment entirely. Suspension means you withhold wages temporarily, and payment resumes when the employee complies. Terminating pay permanently is only allowed under stricter conditions.
Absence policy: set clear expectations
A strong policy starts with clear rules. Your sickness absence protocol should clearly outline what you expect from employees on sick leave—how to report illness, how to stay reachable, and the requirement to attend occupational health consultations. But don’t stop at just drafting the policy, make sure employees are actively made aware of it. Share it during on boarding, in team meetings, or via your intranet. That way, you can rely on it when issues arise.
Final thoughts
A missed appointment with the company doctor is inconvenient, but not unmanageable. Start by checking the facts, communicate clearly, and take measured, legal steps. With well-structured agreements and a robust sickness absence policy, you’re in a strong position to act effectively and lawfully.
And remember: the goal is still reintegration. That’s in both your and your employee’s best interests.
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 absence policy. Feel free to get in touch.
June 2025
