What is an absenteeism protocol and is it mandatory?

You and your employee must follow a number of rules in case of absenteeism. If you do not, you could face problems if your employee is ill for a long time. For instance, the UWV could impose a fine. Or you may end up paying your employee’s salary for longer than necessary. An absenteeism protocol gives your staff clarity on what to do when they are ill.

What is an absenteeism protocol?

An absenteeism protocol is a document that sets out how you, as an employer, handle it if your employees are unable to work, for example due to illness or disability. An absenteeism protocol is for both your employees and for those people who must implement the agreements in the protocol. 

In an absenteeism protocol you describe:

• What you mean by absenteeism. Think of sick leave but also absence without notification
• How and to whom your employees must report sick
• What rights and obligations you and your employees have

Is an absenteeism protocol mandatory?

No, is it not mandatory,. But with an absenteeism protocol you meet your obligations under the Wet verbetering poortwachter, (Eligibility for Permanent Incapacity Benefit Restrictions Act WVP , in Dutch). The WVP sets out certain steps you must follow if an employee is ill for a long time. The purpose of the act is to get employees who are long-term sick back to work as soon as possible.

What should you include in an absenteeism protocol

An absenteeism protocol must have at least the following.

1. How should your employee report sick?

Describe which channel your employee should use to report sick. Does this have to be done through direct contact, i.e. by phone? Or is it also acceptable to cancel unilaterally via WhatsApp or text message?

Advice: Record every sick report in writing, for example, in the personnel file. According to the WVP (in Dutch), you must report sick employees within 1 week to your occupational health and safety officer or company doctor. If you do not do this on time, it may affect how long you must continue paying an employee's salary in case of prolonged absence.

2. To whom should employees report sick?

State to whom employees should report sick. This could be you yourself or, for instance, a manager or HR officer.

Advice: Preferably choose the person who can also immediately find a solution for any work that is unfinished. Point out to the chosen person that they should immediately register the sick report in writing.

3. What should employees provide when reporting sick?

Describe what information employees must provide when they call in sick. For example, about the work they must hand over and whether they must inform colleagues themselves. Also ask employees on which telephone number and at which address they can be reached during their absence.

Note: you may not ask sick employees the reason for their illness. This is for privacy reasons. 

4. What follows a sick report?

In the absenteeism protocol, set out what follow-up steps you will take if an employee is off sick and when. Consider the following:

Consulting the company doctor

Determine and specify when you will contact the company doctor. The employee may also contact the company doctor themselves. So include the company doctor’s contact details in the sick leave procedure.

Continuing to pay wages

In most cases, as an employer, you must continue to pay the wages of a sick employee. The legal obligation is a minimum of 70% per cent of the wage during the first 2 years of sickness. Some collective labour agreements (CAOs) set higher percentages.

For on-call workers, the payment of wages may differ, depending on the type of on-call contract and the number of agreed hours. In some cases, you may also apply waiting days, but only if this is set out in the employment agreement or CAO.

Set out in your sick leave policy how the payment of wages in the event of illness is arranged for the various contract types within your business.

Return to work

Together with the employee, you are responsible for their return to work during the first 2 years of sickness. In the event of long-term sick leave, you must  follow a number of steps. If you fail to do so, you may have to continue paying wages for a longer period.

You are responsible for the progress of the return-to-work process. In a return-to-work plan, you set out together when and how an employee will return to work. You must also consult a company doctor or health and safety service during the return-to-work process. 

Difference between absenteeism protocol, health & safety policy, and PSA policy

In addition to an absenteeism protocol, you must draw up a health and safety policy and a PSA policy. PSA stands for psychosociale arbeidsbelasting, psychosocial workload. The latter two policies are mandatory. The terms absenteeism protocol, health and safety policy, and PSA policy are often used interchangeably, but they are 3 different documents. A health and safety policy and a PSA policy are also about your employees’ health and safety but are different from an absenteeism protocol because:

• In your health and safety policy, you lay down what you do for the safety of your employees. For example, specially adjusted office chairs to prevent back pain or RSI.
• In a PSA policy, you record what you do for the psychosocial well-being of your employees. Think of measures to reduce the workload, a confidential advisor with whom employees can discuss awkward situations, or rules of conduct to prevent bullying.

Employee handbook

Communicate the agreements from your absenteeism protocol, health and safety policy, and PSA policy in your employee handbook. This way, you provide a clear overview of all agreements in your company and help prevent disputes with your employees.