The rules surrounding sick leave and return-to-work are often a topic of discussion. Unfortunately, uncertainties regarding the mutual rights and obligations of employers and employees often lead to legal proceedings. This is also the case in the matter we are discussing this week. The central question here is: must an employer consult the company doctor again if an employee on sick leave, who is due to return to work, reports sick again just before resuming work? You can read about it here:
What was the case about?
The employee works as a traffic controller for the employer and is on a fixed-term contract. On 18 December 2025, she reported sick due to mental health issues. On 2 January 2026, the employee reported sick for the second time. A few days later, on 6 January 2026, the company doctor recommended a gradual return to work. The employee apparently did not agree with this and requested a second opinion on 9 January. Following a meeting over coffee on 20 January, agreements were reached on 26 January 2026 between the employer and the employee regarding a partial return to work. However, on 28 January, the employee emailed to say she was reporting sick again with symptoms of burnout and depression.
The employer apparently found this to be the last straw and, in an email dated 29 January, announced a suspension of pay, citing the employee’s refusal to carry out the suitable work offered. The suspension of pay took effect on 2 February, the date on which the reintegration programme was due to start.
The employee took the matter to court and claimed her outstanding wages in summary proceedings.
What was the court’s ruling?
The court ruled in favour of the employee: following the new sick note on 28 January, the employer should have consulted the company doctor once again. After all, the employer could have inferred from the sick note dated 28 January 2026 that the employee took the view that she was unable to comply with the agreements made. It is not for the employer to assess whether this is correct. The fact that the last consultation took place only a few weeks ago does not alter this.
The full judgment can be read here
Conclusion
It therefore clearly follows from this judgement that an employer must again engage the company doctor if a new sick note is submitted whilst a previous one is still valid. If an employer fails to do so, a claim for suspension of pay on the grounds of non-compliance with reintegration obligations will not succeed.
However, a judgement handed down earlier this year does indicate that, in the event of a new sick note, there must be new facts or circumstances that give cause for the employee to be assessed again by a company doctor. If nothing has actually changed, but the employee is simply reporting sick again because they disagree with the company doctor’s assessment, the employee must request a second opinion from another company doctor or approach the UWV for an expert opinion.
You can read this ruling from earlier this year here
Do you also have questions regarding sickness and return-to-work? Don’t waste valuable time – contact the employment lawyers at SPEE advocaten & mediation straight away.
mr. dr. Martine E.V Van Krieken-Boersma, lawyer