When an employee calls in sick, it can leave managers uncertain about what they are legally allowed to ask. In the Netherlands, privacy laws around health and employment are strict. So what can you ask, and what’s off-limits?
Questions You Can Ask
Dutch employers are not allowed to ask for medical diagnoses or details about an employee’s condition. However, you are allowed to ask questions that help you manage workflow and maintain operations:
- “How long do you expect to be absent?”
- “Where can you be reached during your absence?”
- “Which tasks or meetings need coverage in your absence?”
It’s also perfectly acceptable (and advisable) to ask: “How are you doing?” While it may seem simple, expressing genuine concern builds trust and shows employees they’re supported.
Don’t Ask This:
- “What’s your diagnosis?”
- “What kind of treatment are you getting?”
- “What medications are you on?”
These questions violate privacy laws and can lead to legal consequences.
The Role of an Arbodienst (Occupational Health Service)
By Dutch law, every employer must work with either a company doctor (bedrijfsarts) or a certified occupational health service (arbodienst). These professionals:
- Manage sick leave cases
- Conduct workplace health checks
- Perform risk assessments
Working with the right arbodienst ensures that your company remains compliant and that your team is cared for appropriately.
How Primebridge Can Help
Navigating employee sick leave regulations in the Netherlands can be complex for foreign companies. We offer HR & Payroll Services that include guidance on compliance, sick leave policies, and connecting you with the arbodienst.