Legal rules on reporting sick and getting better?

Questioner

It concerns my colleague. After 1 year of sick leave (burn out) he wants to be reported 100% better on paper as of December 1 (my colleague wants this to prevent him from only getting paid 70% of his salary). He is not yet fully working. He has a contract of 4 days a week, 9 hours a day (= 36 hours a week). Currently he works about 4 days a week 6 to 7 hours a day (= 24 to 28 hours a week). Can he be reported 100% better if he is not yet working 100%?

Lawyer

Legally, an employee who has fallen ill is entitled to continued payment of wages for a maximum of two years. During the first year of illness, an employee receives at least 70% of the wage, but never less than the statutory minimum wage. In the second year, this is still at least 70%, but the lower limit of the minimum wage no longer applies. The aspect of reporting better is a bit complex. It is not legally the case that reporting better automatically means that someone can return to work 100%. Reporting better should be done after consultation with the company doctor and employee, taking into account the remaining capacity of the employee. The issue is whether the employee is able to do his own work again. If he still has limitations, he may be partially disabled. So in this case, if your colleague is not yet fully able to work as before, it is possible that he cannot yet be reported as fully recovered. However, I must stress that this is a complex situation involving both medical and legal aspects. This advice is intended primarily to help you better understand your situation, but it is not definitive legal advice. It is advisable to contact an employment lawyer or a specialist in social security law to discuss your specific situation.' ------------------------------------ Please note! This orientation advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer