Sickness Benefits Act and Dismissal: What to Do?

Questioner

I have been working for a company for a long time and have been on sick leave for quite some time now. My recovery is going well and I am almost back to work full time. Now my employer proposes to stay on sick leave longer because he is not yet 100% productive. He wants to request a second opinion from the UWV. I don't trust it, I'm afraid they want to fire me. I want to obey the law and just go back to work. But I also understand my employer's situation. Can someone tell me if I participate in this what consequences this could have for me. Could this be a precursor to dismissal or something like that. For example, not returning to my old job.

Lawyer

The decision as to whether you are fully or partially fit for work again lies primarily with the occupational health and safety physician or company doctor and secondarily with your treating physician. In principle, your employer is not involved in this. If the company doctor or occupational health physician believes that you are fit for work again and you and your treating physician have no objection to this, your employer must allow you to return to work, even if this is not 100%. In the latter case, the UWV may impose a reintegration obligation on the employer on the basis of the Gatekeeper Act.

Questioner

l