Can my employer fire me if I'm sick?

The short answer

Your employer cannot dismiss you during the first 24 months of illness due to your illness. This is called the dismissal prohibition during illness and is stipulated by law. However, there are a few exceptions, such as for urgent reasons unrelated to your illness. Even after two years of illness, dismissal is only possible under strict conditions and with the permission of the UWV.

What does the law say?

The dismissal prohibition during illness is laid down in Article 7:670 of the Dutch Civil Code. This rule protects sick employees from dismissal for up to 104 weeks (2 years). The prohibition applies from the first day of illness and ends when you are fully fit for work again. After two years of illness, dismissal is only possible with the permission of the UWV, which strictly checks whether sufficient reintegration efforts have been made.

What should you pay attention to?

Make sure you report your illness correctly and comply with the agreements with the occupational physician. Ensure you follow medical advice and cooperate with reintegration when possible. It is important to document all communication about your illness in case problems arise.

Example from practice

Sarah is signed off work due to burnout and has been at home for 6 months. Her employer wants to dismiss her because the work is piling up. This is not allowed - Sarah is covered by the dismissal prohibition. Her employer must wait and investigate whether Sarah can gradually return to work in the meantime. Only if Sarah is still unable to work after 2 years and all reintegration options have been exhausted, can the employer apply for dismissal through the UWV.

What can you do?

If your employer threatens dismissal during illness, take action immediately.