Can you be fired while sick?

In principle, a sick employee may not be dismissed. This is laid down by law in Article 7:670 of the Civil Code.

The sickness dismissal ban, also known as the notice ban, means that your employer cannot terminate your employment contract while you are ill. This applies for the first two years of your illness. 

The injunction against dismissal is there to protect you at a vulnerable time. Imagine: you are sick, unable to work, and then you could also lose your job. That would be very unpleasant. Moreover, your employer could then just fire you the first time you fall ill. That is why the legislator has stipulated that employers must wait to dismiss. 

The ban on dismissal includes: 

• Your employer cannot submit a redundancy request to the UWV 

• Subdistrict court cannot pronounce dissolution due to illness only 

• Your employer cannot fire you, neither for other reasons during your illness (except for instant dismissal)

This last point is important. Even if there is a reorganisation, your employer may not dismiss you during illness. Indeed, the prohibition of dismissal applies to all forms of dismissal during the first two years of illness. 

The main rule in dismissal and sickness is the 2-year rule. This rule means that your employer can only dismiss you after 2 years of illness. But what exactly does this mean? 

During these 2 years, you are entitled to continued wage payment. In the first year, you will receive at least 70% of your wages (but often this is 100% according to your collective agreement). In the second year, this is also at least 70%. Your employer must continue to pay this, regardless of the size of the company and how much financial impact your being sick has on the organisation. 

The 2-year period is not arbitrarily chosen. It gives you and your employer enough time to: 

• To work on recovery 

• Enabling reintegration 

• Finding suitable work inside or outside the company 

• Finding a good solution for both parties 

Although the dismissal ban is strict, there are some important exceptions where you can indeed be dismissed during illness: 

1. Probation

If you are still in your probationary period, the ban on dismissal does not apply. Your employer can dismiss you then, even if you are sick. This is a hard rule, but the probationary period is meant for both parties to see if they like the cooperation. 

2. Summary dismissal

If there is an urgent reason, your employer can summarily dismiss you, even during illness. Think of theft, fraud or refusing reasonable assignments. Read more on our page on summary dismissal. 

3. Bankruptcy

If your employer goes bankrupt, the ban on dismissal expires. The receiver can then terminate all employment contracts, including those of sick employees. You will then be entitled to a severance pay in case of bankruptcy. 

4. Illness arises after resignation

One important exception: if you fall ill after your employer has already submitted an application for dismissal to the UWV, the prohibition on dismissal does not apply. This prevents employees from calling in sick pre-emptively to avoid dismissal. 

5. Failure to cooperate in reintegration

If you do not cooperate in your reintegration without good reason, your employer can still request your dismissal. The UWV will then assess whether you were right to refuse. 

Reintegration is seen as a joint responsibility of you and your employer. Both must actively work towards returning to work. But what exactly does this entail? 

Your employer must: 

• Engaging a company doctor 

• Drawing up an action plan 

• Offering suitable work (including work other than your normal job) 

• In the second year of illness, also look at work with other employers 

• Maintain regular contact with you 

As an employee, you must: 

• Participating in medical examinations 

• Accepting suitable work 

• Actively working on your recovery 

• Appearing at interviews (if medically possible) 

• Sharing information about your capabilities 

Failure to cooperate in reintegration without a valid reason may have consequences: 

• Your pay may be stopped 

• Dismissal ban may expire 

• You may lose your right to WIA benefits 

After 2 years of illness, your situation changes significantly. The ban on dismissal expires and your employer can request dismissal from the UWV. But strict conditions must be met. 

The UWV assesses whether: 

• Sufficient reintegration efforts have been made 

• Recovery within 26 weeks is unlikely 

• No suitable work is available 

• Both parties have fulfilled their obligations 

If the UWV gives permission, your employer can fire you. You will then be entitled to: 

• A transition allowance 

• A WIA benefit (if you are more than 35% incapacitated for work) 

• Guidance to other work via UWV 

Since 2020, employers can apply for compensation for the transfer compensation they pay to long-term sick employees.

This makes it less costly for employers to follow the statutory route. 

For more information on what happens after 2 years of illness, read our article on dismissal after 2 years of illness. 

If you face dismissal during illness, here are practical tips that can help: 

• Keep all medical certificates 
• Save e-mails and letters 
• Take notes of conversations 
• Keep a diary of your symptoms and recovery 

• You are entitled to continued wage payment (minimum 70%) 
• You can't just get fired 
• You are entitled to guidance from an occupational physician 
• You may request a second opinion 

• Be honest about your capabilities 
• But do not share more than necessary 
• Confirm agreements in writing 
• Ask for clarity in case of ambiguities 

Sometimes continuing to work is not the best option. Possible alternatives are: 

• Other work within the company 
• Working part-time 
• Working with adaptations 
• A settlement agreement 
• Retraining to other work 

The most important thing to remember is that as a sick employee, you have strong protection. Your employer may not simply dismiss you during the first two years of your illness.

This layoff gives you the time and peace of mind to work on recovery without the fear of losing your job. 

At the same time, you also have obligations. You must cooperate in reintegration and communicate openly about your capabilities. If you don't do this, the dismissal order may expire.

After two years of illness, your employer can request dismissal, but only if all conditions are met and the UWV gives permission. 

Are you in this situation? If so, it is wise to seek legal advice. Every situation is unique and what is the best solution for one person may not be for you. We are happy to offer you free advice. Feel free to contact us on to discuss your options.