Sick employees

Various parties can play a role in the guidance and rehabilitation of sick employees. Examples include the employer, the occupational health and safety service or company doctor, a rehabilitation firm and the Employee Insurance Agency (Dutch: UWV).

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  1. General information

These parties process data about sick employees, including personal data about their health. This is a special category of personal data, which means they are very privacy-sensitive data. That is why there are strict rules for recording and sharing information about sick employees.

Quick answers

Can my employer ask what I have if I call in sick?

No, this is not allowed. You can volunteer the information if you want, but your employer is not allowed to register it. Only the occupational health and safety service or company doctor may request and store your medical data.

However, your employer is allowed to request data that are necessary to assess how it must proceed with your duties. For example, when you expect to be back at work and whether there are current appointments that require action.

See also: Rules for employers regarding sick employees.

Am I obliged to complete a questionnaire after calling in sick?

If you have called in sick, you may receive a questionnaire from the occupational health and safety service or company doctor, asking for medical information. You are obliged to complete this questionnaire.

The occupational health and safety service or company doctor is not allowed to transfer the completed questionnaire to your employer, not even if you give consent for this. The occupational health and safety service or company doctor may only pass on information about you to your employer that is required by the latter. Examples include the expected duration of your illness and your limitations and capabilities.

Your employer may also not directly ask you to complete a questionnaire requesting medical data. Not even with your consent.

Can my employer check whether I am really ill?

Your employer is not allowed to do this, but it can ask the occupational health and safety service or company doctor. However, your employer is not allowed to invade your privacy more than necessary.

For example, your employer may require that you come to the surgery of the occupational health and safety service or company doctor (if you are able to do so), but it cannot demand that you stay at home all day. See also: Checking whether the employee is sick.

Can my employer require me to wear a smartwatch and share the data?

No, this is not allowed. Your employer may give you a wearable as a gift, such as a smartwatch, so that you can get started on improving your fitness yourself. But your employer may not gain insight into the information from your wearable, such as your number of steps, heart rate, calories burned and sleeping patterns.

This concerns data about your health. Your employer is not allowed to have this information, not even if you give consent for this. Only if you wish, you can share your data or compare them with the data of colleagues who also wear a wearable.

Want to know more? Read: Preventing sickness among employees.

Can I access my data at an organisation, or have them rectified or removed?

Yes, you can. If an organisation uses your personal data, you have a number of rights. This will ensure that you keep a grip on your personal data. These are the most important privacy rights:

Do you want to know what other rights you have? Check out Privacy rights under the GDPR.

What can I do if I have a question or complaint about the use of my personal data?

Always submit your questions or complaints to the organisation that uses your personal data first. Do you have a complaint and are you and the organisation unable to work it out together? Then you can lodge a complaint with the Dutch Data Protection Authority (DPA).

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