What can my employer require me to do during illness?

Questioner

I am currently doing an internship at a childcare organization with various locations, where I have also received a BBL (work-study) contract of 3 months. This contract runs from 19-09-2022 to 19-12-2022. However, at the end of October I tested positive for Corona, after which I naturally reported sick to my employer. Unfortunately, I experienced serious complaints from this, which meant that I did not get further than my bed for at least 14 days. After this, I still experienced severe complaints, such as shortness of breath, concentration problems and severe fatigue. All very common after Corona. I have kept my manager informed of this. During those first weeks of my illness, I also contacted both the practical trainer and the confidential counselor, because in addition to my physical complaints due to Corona, I also experienced a lot of inconvenience from the way I was supervised at the location. In my opinion, an extreme amount of pressure was put on me, which resulted in a lot of stress, poor sleep, and a lot of crying fits. This also started to disrupt my private life considerably. I then asked my internship supervisor at the organization if it was possible to have a conversation, to see if there were other options for me, such as a different location. I also indicated that, from my feeling, there was no room to discuss this with my direct manager at the location. After all, she is part of the problem. I did not receive any response to this. My manager then proceeded to invite me for a conversation at the location, in the third week of my illness. I then indicated that I was still ill/recovering and therefore unable to come to the location. I then received a flood of phone calls, which I did not answer immediately at the time. This was not correct of course, but was partly because the situation was very pressing for me and my employer's response was very disappointing. My father-in-law was also in intensive care, dying, which meant that my thoughts were elsewhere. Without having received a response to my request for help, I was then informed in the fourth week of my illness that, in consultation with the practical trainer, it had been decided not to extend my contract (which expired exactly 4 weeks later at that time), but that I was still expected to come for an interview to discuss how I could still get my hours in that remaining 4-week period. Then, in week 5, an email followed stating that the Occupational Health and Safety Service had been called in, and that I had to respond to both the telephone consultation with the Occupational Health and Safety Service and the calls from my manager to talk to her that same week, because otherwise 'measures would be taken'. In my response to this, I indicated, among other things, that I had still not received any response to my request for help, while I had been clearly told at the start of my trajectory that the practice manager was my point of contact if I ran into any problems. I also indicated that I found it very reprehensible that I was completely ignored, since my manager kept insisting on talking to her, while she, together with my direct supervisor, was the core of the problem. I also indicated again that my well-being was seriously affected by the situation. In response, my manager only said that I was expected to come to her for a meeting next Monday. She also indicated that this had to happen before the meeting with the Occupational Health and Safety Service, which was scheduled for the following day. Otherwise, 'measures will be taken' again. My question now is whether I am obliged to discuss this with my manager, prior to the meeting with the company doctor? And I also wonder what measures they are allowed to take in this case?

Lawyer

During the reintegration process, you are in principle obliged to enter into a desired conversation with the employer. That is in fact part of the reintegration process. You do not have to provide medical information to the employer (you do have to provide it to the company doctor, but he has a medical confidentiality obligation). If there is insufficient cooperation with the reintegration obligations, the employer could impose a wage sanction. However, for that to be legally valid, strict requirements apply. In an extreme situation (of non-cooperation), dismissal would be conceivable, but of course this will not be the case quickly given the major impact that dismissal can have in a situation of incapacity for work.