Illness and employment law: Your rights in the event of a relapse

Questioner

A situation week 17 Monday I got sick. Week 25 back to work full time Unfortunately, in week 29, Tuesday, I fell ill again But how does this work? My employer sees it as 1 sick report and counts Monday as the first sick day from week 17 I worked full time in week 25, 26, 27, 28 and went home crying in week 29. Now that I have been to the company doctor, it appears that there was never a recovery report from that period I asked my manager and he said that they are entitled to the law of sustainability when they return and that they could keep me on sick leave for 13 weeks? Is this allowed? I now have to draw up a plan of action with what I think is an incorrect starting date of illness I hope you can help me Kind regards p

Lawyer

Periods of illness that follow each other WITHIN 4 WEEKS are considered as 1, that is the main rule. If you had actually fully recovered on Monday in week 25, a new period of illness will indeed start on Tuesday in week 29. The question is of course whether you had fully recovered in week 25. The fact that you were working full-time at that time is not decisive. And certainly if you are out of action in week 29 with the same complaints as in week 25, there is a good chance that the company doctor will rightly assume a continuous period of incapacity for work. So discuss this thoroughly with your company doctor and ask for his or her views on this.