The Case Clarity – by Kirsten Freichmann

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Yes… but no (and yes, I think I’m funny)

Whenever someone asks me: “Can I get fired while I’m on sick leave?”

I tend to make a slightly unfortunate legal joke: “Yes… but no.”

Which is usually followed by a very specific look of panic. (At this point I realize I might still need to work on reading my audience.)

So let me explain the joke, especially for the humorless… or the stressed:

👉 Yes, an employer can try to dismiss you while you’re on sick leave.
👉 But whether that actually holds up in court?

👉 Very unlikely.

So yes… but no. (*padam boom 🥁)

.And that’s exactly where the Dutch system gets interesting.

The legal shield: you are protected (but not untouchable)

Under Dutch law, there is something called a:

📜 dismissal prohibition during illness (opzegverbod bij ziekte)

👉 Your employer cannot terminate your contract simply because you are sick.

Which is great. Buuuut before you lean back and fully relax…this protection comes with expectations.

Welcome to the system: Wet verbetering poortwachter

Once you call in sick, you don’t just “stay home and recover.”

You enter:

📜 Wet verbetering poortwachter

Which is less spa-retreat and more structured process.

Think:

• A Plan van Aanpak
• Regular check-ins with both the company doctor, as your employer and/or HR and/or a casemanager (a person like me).
• Reintegration steps

Translation: you’re protected… but you’re expected to participate. If you want to know what that participation looks like, do read the latest blog here.

So when can you actually get fired while sick?

Here’s where the “yes” part of “yes but no” comes in.

You usually cannot be fired because you are sick. But you can be dismissed during sickness in specific situations.

1. You don’t cooperate with reintegration

This is the fastest way to lose your protection. If you:

• Avoid contact
• Ignore the bedrijfsarts
• Refuse reasonable steps

👉 Your employer can escalate.

And yes… eventually (so not straight away):

👉 dismissal becomes possible.

2. Your contract simply ends

If you’re on a fixed-term contract:

👉 Your employer can choose not to renew it.

They won’t say they will not extend it “because you’re sick”. They often will say things like: “we’re not continuing the contract”.

Which is something that you can try to argue, but when a fixed-term contract ends by operation of law, the employer does not have to provide a substantive reason for not renewing it.

3. The company itself has bigger problems

Think:

• Bankruptcy
• Restructuring

In those cases, your protection may (note: ‘may’) fall away because then it’s not about your illness…

👉 It’s about the company surviving.

Please note that this is not a straightforward situation, as there is significant legal nuance involved. If you’re dealing with this specifically, feel free to fill in the contact form so we can look at your case more closely.

4. Issues that already existed before you got sick

Let’s be honest about this one, because these are often the most asked cases for me to solve.

• There were performance issues
• You were already on a PIP
• Or there was conflict

👉 Sick leave doesn’t erase that history, but it does temporarily put it on hold; once your reintegration period is over, any underperformance will typically be addressed again, and while PIPs may be paused, you can still be held accountable for behaviour that does not align with company values and/or policies.

The 2-year milestone (yes, this matters)

After 2 years of sickness:

👉 Your employer can request dismissal via UWV.

At that point:

• Your reintegration efforts are reviewed
• Your file is assessed
• And a decision is made

👉 This is when contracts can legally end.

What employees often misunderstand

Let me calm your nervous system for a second:

You are not going to be fired next week simply because you called in sick. At the same time, sick leave is not a pause button on your employment.

Communication, documentation, and expectations all continue.

And yes…

👉 How you behave during this period matters.

Because the risk – of getting fired. – is usually about:

• Poor communication
• Lack of cooperation
• Escalating tension
• Not following the instructions of the company doctor and/or casemanager

That slowly builds into a situation where dismissal becomes possible.

Final thought

Dutch law protects you quite strongly, to the point where the employer starts the game a few goals behind… but it’s not a guaranteed win.

So my advice here to you?

👉 Stay involved
👉 Stay cooperative
👉 Don’t disappear

Because that’s where the “no” in my ill joke of “yes but no” quietly starts turning into a “maybe”.

Feeling unsure?

If you’re thinking:

👉 “Am I still protected?”
👉 “Is my employer building a case?”
👉 “Am I handling this right?”

Let’s look at it before it becomes a bigger issue.

👉 DM or use the contact form

Because clarity here = a lot less stress later.