Sick leave by employer: your rights and obligations

Questioner

Can my employer report me sick? After a telephone conversation with my employer, during which a disagreement arose, my employer said 'I am going to report you sick'. Now I don't know why/what I was reported sick for. What am I allowed to do or not? Do I now have to wait until the occupational health and safety service contacts me? What are my rights?

Lawyer

In principle, the employee must report sick to the employer. The employer must then report the sick report to the ArboDist. The ArboDist then checks whether or not you are sick. If you are not sick, the employer may not report you sick to the ArboDienst. If you are not sick, you must go to work. From your story I gather that you had an altercation with the employer. |I therefore think that you should talk this out with him. A time-out (calling in sick) of a few days might be useful. If you cannot or do not want to have the conversation alone, contact a specialized labor law attorney as soon as possible,

Questioner

The situation has not gotten out of hand to the point where I need legal assistance at this time. My employer and I have been working together very intensively for over 13 years, and there has been some friction on both sides in recent months. After I asked her to sit down together to discuss/correct some things, the air seemed to have cleared. Unfortunately, after 10 days she came back to this and told me on the phone what was wrong with my performance. Her last sentence was: 'as a friend I have to tell you that you have to take some distance from your work for the coming week' Fine if that was her intention, unfortunately in the week that she 'had' me to stay home, she called me 2 hours before I had to go to the hospital for a night had to go for an extensive sleep study to make all sorts of strange accusations again. This made me very emotional (because I found the things she said seriously unjustified). Mi is by the anger and emotion that this caused in me also caused the sleep test outcome to be incorrect (from I won't get the blow until February 19th). The day after this phone call I get apps from her in which she tells me best wishes, I'm in her heart etc... with kissing smileys?? So for now I'll leave it as it is and wait for the letter from the Arbo.

Lawyer

Ok, fine. I would keep the sms/app with smileys (possibly print them). These could come in handy when a conflict does arise.