Doubting an Employee’s Sick Leave? Only the Company Doctor May Decide
Employers risk legal and financial consequences by acting on suspicion alone
What can you do as an employer if an employee calls in sick and you suspect the absence isn’t genuine? A recent Dutch court ruling confirms the answer: not much, unless a company doctor has officially assessed the situation. Employers are not allowed to make their own judgments, even with input from a friendly or external physician. In this case, the employer’s decision to terminate the contract for cause was overturned.
A concert after calling in sick
The case involved an employee who reported sick in late November 2023, citing burnout symptoms. Shortly afterwards, he attended a concert. The employer, already skeptical of the sick leave, sought advice from a personal acquaintance in the medical field. Based on that advice, the employer fired the employee on 15 December 2023 for gross misconduct, arguing that someone with burnout could not possibly want to attend a public event.
No involvement of the company doctor
The court swiftly rejected this reasoning. The employer had failed to consult the official company doctor, a critical oversight. Under Dutch law, only a certified company doctor may assess whether an employee is medically unfit for work. This doctor must also speak directly with the employee to reach a responsible medical conclusion.
In this case, the advising physician had never met the employee and had no official capacity within the company. This meant there was no legitimate medical basis for termination. Furthermore, attending a concert did not, in itself, prove that the employee was not ill. That judgment is solely for the company doctor to make.
No urgent reason for dismissal
Because the company doctor was not consulted, the court ruled the summary dismissal invalid. The concert visit alone was not a sufficient reason for termination. The employee had not refused to work. The judge noted that, at most, the employer could have chosen a lighter measure, such as temporarily suspending pay.
Consequences for the employer
The court annulled the dismissal, meaning the employment relationship had never legally ended. The employer was ordered to pay the employee’s salary from 16 December 2023 onward, including a statutory increase (up to 30%) and interest. The employer also had to issue updated payslips and cover legal costs.
What should an employer do if they doubt a sick report?
If you’re unsure about a sick leave claim, your first step must be to contact the company doctor. This certified medical professional will evaluate whether the employee is unfit to work and provide guidance on any appropriate work adjustments. You cannot take disciplinary or dismissal actions without such an assessment. Acting prematurely exposes you to significant legal and financial risk.
Conclusion
Doubting an employee’s sick leave can be frustrating, especially when something seems off but you lack proof. Nonetheless, Dutch employment law is clear: only a certified company doctor can determine the legitimacy of a sick leave. Employers who act based on assumptions or non-authorized medical input face serious consequences. Always consult the company doctor promptly and base your decisions on their professional advice. This protects both your legal position and your employee's rights.
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.
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June 2025
