A conflict with your employer during sick leave: what now?
Sick leave is already a source of worry and irritation for employee and employer. If a conflict is added, the absence becomes more complicated and the return to work often stalls. An employment mediator helps both parties look for solutions with understanding for each other. In this article you can read how such a conflict arises and how you resolve it together.
Where does it go wrong?
A conflict during sick leave often arises because employer and employee have different expectations about recovery, the length of the absence or the return to work. The employer wants the employee back as soon as possible; the employee feels pressured. Common causes:
- Communication. Misunderstandings and unclear communication are often at the root. Some employers expect regular updates on recovery, while not every employee is comfortable with that, especially if they feel under pressure.
- Financial worries. The employer wants to limit the costs of long-term absence; the employee worries about their income, especially if their salary is not paid in full.
- Different expectations. Employer and employee have different views on how long the absence will last or what work the employee can take up again.
Rights and obligations
Under Dutch law, the employer must continue to pay the salary during the first two years of illness, at least 70%. In addition, the employer must make every effort to get the employee back to work as soon as possible, in adapted work if necessary. A well-thought-out return-to-work plan is therefore important.
The employee must report sick and cooperate with the return to work, within the limits of what their recovery allows. At the same time, the employee has a right to privacy: they do not have to share their diagnosis with the employer.
The conversations about returning to work are particularly sensitive. An employee can easily feel pressured. It is important that those conversations go well.
What does the employment mediator do?
An employment mediator is a neutral third party: intermediary and chair of the conversation. Both parties are given room to express their positions and concerns. The aim is not only to resolve the conflict, but also to restore trust. I can help at different stages:
- Early intervention. When tensions are just beginning, I help get communication going again and resolve small conflicts before they escalate.
- Resolving the conflict. If there is already a conflict, I guide conversations in which everyone can tell their side of the story, and together we look for a solution both parties can work with.
- Support during the return to work. I can also stay involved during the rest of the return-to-work process, for example in making agreements that are feasible and realistic for both parties.
Moving forward together
Finding a balance between recovery and the return to work requires openness and understanding from both sides. With mediation you not only resolve the current conflict, but also lay the foundation for good cooperation in the future. If that does not succeed, exit mediation can help you part ways properly. Read more about employment mediation.
Online introduction Introduction at the office Call +31 20 659 88 28