Unjustly sick employee

A sick employee is never pleasant. In the first instance not for the health of the employee, but also certainly not for the employer. There may be a gap in the work that needs to be done, or replacement will have to be arranged. Together with the continued payment of the salary, this cost can add up considerably. And that is even more annoying when you suspect that an employee is not really sick. You may also wonder: what can I do if I suspect an unjustly ill employee?

Reason for suspected wrongly sick employee

The flu can happen to anyone, just like migraines or a broken arm or leg. This can all be very hindering in the work. In this case, an employee reports sick and in many cases will return to the workplace after short-term absenteeism. Now it may be the case that you have an employee who reports sick very often. In various cases this can sometimes raise questions, here are a few examples:

• An employee has moved or is going to renovate and is suddenly sick very often;
• It happens every time after the weekend, the employee often calls in sick on Monday;
• An employee calls in sick during the holiday and is difficult to reach;
• The employee has his own company for which work must also be done;
• Colleagues encounter the sick colleague during activities outside work, for example in the pub, at the fair or while shopping in the city;
• The work has not been done properly and without motivation for some time, you will receive a sick report after this period.

These are just a few signals that can give you the suspicion that the sick report(s) are unjustified. And as an employer you really don't want an unjustly sick employee.

What can you do if you suspect an employee who is unjustly ill?

You may check an employee, but you must be careful. The privacy of the employee must be respected. It is useful to follow the rules within your company around absenteeism to be laid down in an absence policy. By pursuing such a policy, you immediately have a sort of step-by-step plan for yourself if you suspect an employee who is unjustly ill.

You are not allowed to ask about the complaints and cause of reporting sick

It all starts with the sick leave. The employee does this through the means as included in the absenteeism policy, for example before 8 o'clock in the morning with his or her manager. During this interview, the employer may never ask for the reason for reporting sick. That is why as a company you must be affiliated with an occupational health and safety service. The Occupational Health and Safety Service and/or company doctor can and may contact the employee and can, subject to a duty of confidentiality, ask about the cause of the sick report. The Occupational Health and Safety Service can also emergency check perform on request. This is done in the form of a home visit.

It is allowed to ask questions about the continuity of the work

What you can do is ask when the employee expects to be able to work again and what needs to be done to allow the work to continue. That way you can make your own estimate. Do you suspect your employee of wrongfully reporting sick? Then you can report this to the Occupational Health and Safety Service and you can engage a private detective to gain clarity.

Why choose a private detective?

We can, with our corporate investigation services, to work in a targeted manner if an employee is suspected of being unjustly ill. We immediately proceed to investigation (observation) and after a few weeks we present you a report that is legally valid. We take the time, effort and energy off your hands and look at the situation with a completely independent view. The report we deliver can, if the findings are correct, be a reason to move on to follow-up steps. These could be the following steps:

• A conversation in which the employee is confronted with the findings. This takes place between employee and employer, and is therefore the most accessible solution;
• Immediate dismissal or after a meeting with a settlement agreement, part of this may be repayment of the unjustly paid salary;
• A dismissal procedure through the court.

This way you can continue with what you are good at: running a business. And you can put your energy into good and loyal staff instead of the unjustly sick employee!