If your employee reports sick, the company doctor will assess whether he is still able to work. If the company doctor decides that your employee cannot work, you might still have doubts: Is the employee really sick? You can then ask an expert opinion from the UWV on that matter.
When your employee reports sick, the company doctor decides whether the employee is still able to work. If the company doctor decides that your employee cannot work, you might still have doubts: Is the employee really sick and cannot perform or could he do other work? You can then ask an expert opinion from the UWV on the matter.
It may be useful to request an expert opinion not just in the event you are unsure whether your employee is really sick. Do you find, for instance, that your employee does not cooperate sufficiently with his reintegration and do you intend to apply a pay freeze? In that case you can ask the UWV for an assessment of your employee’s reintegration efforts. You can also have your own reintegration efforts assessed, just to be sure you are on the safe side. After all, you do not want to be confronted with a wage sanction by the UWV.
Both employer and employee can apply for an expert opinion. The costs of this opinion are to be borne by the applicant.
The UWV can give an expert opinion on five questions:
In the application you must specify which of the above questions you would like an answer to. You can only choose one question.
Tip: Do you apply for an expert opinion regarding your own reintegration obligations (question 4)? Do so in time, so that you can adjust the reintegration process if necessary!
Please note: In some situations the UWV will not give an expert opinion. For instance, the UWV will only assess your employee’s suitability to perform his or her own work (see question 1) if you and your employee disagree on this. An expert opinion will also be rejected if your employee does not cooperate with the assessment of suitability for his own work.
The expert opinion will be given by an independent insurance doctor or occupational consultant of the UWV. This opinion is not binding. Thus, you and your employee are not obliged to follow up on the expert opinion. However, the UWV will include the expert opinion in the assessment of the rehabilitation report! Not following up on the expert opinion may thus have consequences.
If you and your employee continue to disagree after the expert opinion of the UWV, you can go to court. The court will also consider the expert opinion in its decision. Often the judge follows the expert opinion but that is not always the case.
An expert opinion must be distinguished from a second opinion by another company doctor, which can only be requested by your employee.
Do you have a sick employee and are you looking for legal advice about this? Would you like to learn more about the expert opinion? Please contact us:
Your employee has called in sick. What do you have to do to avoid an extension of the period in which you are obliged to continue to pay salary? Here is a practical step-by-step guide.
What are your obligations, as an employer, if one of your employees has been off work sick for a long term?
Continuing to pay wages for up to three years in the event of sickness, the UWV doctor who overrules the company doctors, and a discount on your WIA benefit if you start working. Three major irritations in the event of employee sickness the Cabinet wants to address. What are the plans?
The holiday season is approaching, a time of joy and days off for many. However, not everyone finds these holidays equally meaningful.
On Monday 4 November 2024, Russell Advocaten Russell Advocaten will host a seminar on Dutch labour law for diplomats, consular agents, and administrative staff from Embassies and Consulates in collaboration with Diplomat Magazine.
On Wednesday 2 October 2024, Jan Dop will be one of the members of the panel that will present timely labor and employment law issues to Primerus clients.
