What is the risk if I take another job now that I am 100% on sick leave with my current employer?

Questioner

I have been on sick leave for 100% for a little over a year now and the second track has just started “low profile”. I am in therapy and have been offered a job there, which is a great opportunity for me. I am making good progress with the therapy and estimate that reintegration track 1 is also coming up. I would like to accept that job. Is that possible now that I am in this situation? And what are the risks?

Lawyer

If you keep the new job -> no risk. If you drop out of the new job during the trial period due to the current complaints, then you have a big problem. If you drop out of the new job after the trial period, then the new employer must continue to pay wages.

Lawyer

You are free to accept a new job (except for a possible non-compete clause). Although you never have to provide your medical data to a (new) employer, there may be a risk (liability to pay damages) if you do not report that you are currently incapacitated for work and you unexpectedly become incapacitated again in the future, while the (new) employer discovers that this new incapacity for work may be related to the current one. If you resign, you must observe the agreed termination provisions (including the agreed notice period). If the new job does not go ahead for whatever reason, and you have resigned (while incapacitated), you may not be eligible for benefits. If a legally valid probationary period clause is included in the employment contract with the new employer, the new employer can dismiss you during that probationary period, and moreover before the start of the employment contract, without further formality.