Employee reports illness via WhatsApp: is that valid?

Yes, reporting sick via WhatsApp can be legally valid. The law does not prescribe a fixed form in which an employee must report sick. What is decisive is not the channel, but whether the message actually reached the employer. If it can be demonstrated that the employer received the notification, then a WhatsApp message is legally just as valid as a phone call. Proof of that receipt is the core of the discussion, and that is precisely where things often go wrong in practice.

Why the channel is not decisive

A notification, such as a sick leave notification, only takes effect once it has reached the recipient. This principle, the so-called receipt theory, is regulated in the Dutch Civil Code (Article 3:37, paragraph 3 BW). In principle, it makes no difference to the validity whether the employee calls, emails, texts, or uses an app. As long as the message reaches the employer, the notification has been made. Whether the employer has actually readis not decisive in this regard: the crucial point is that the message has arrived.

The practical question is therefore not “is this allowed via WhatsApp?”, but “can it be proven that the message arrived?”. If receipt is disputed, the burden of proof to demonstrate that the message was delivered usually rests on the person relying on the notification. In the case of a sick leave notification, this is generally the employee: he or she sends the message and will have to be able to substantiate its arrival.

What the jurisprudence shows

This theme has been addressed in a number of published rulings. In the case of a sick leave notification via WhatsApp, the fact that the message history showed the message had arrived played a role; on that basis, the subdistrict court assumed that the employer had received the notification. In another case, it was even simpler: the employer had responded to the WhatsApp message, and with that, receipt was simply established.

The opposite applied to a text message. With a standard text message, the sender generally cannot see whether the message has been delivered. When the employer denied having received the text message, the employee could not refute this, and the sick leave notification was not deemed legally valid. The same reasoning applies to a letter sent by regular mail: the sender cannot readily prove delivery.

The common thread: it is not about the medium, but about whether it can be demonstrated that the message was received. Moreover, a ruling is always highly dependent on the facts and circumstances of the specific case; no firm guarantees can be derived from an individual ruling.

Check marks in WhatsApp: delivered is not the same as read

WhatsApp uses check marks to display the status of a message. It is important to keep the distinction clear:

• A gray check mark: the message was sent from the sender's device.
• Two gray check marks: the message has been delivered to the recipient's device.
• Two blue check marks: the message has been opened (read) by the recipient.

For proof of receipt, it is particularly important that a message has been delivered. Additionally, blue check marks show that the message has actually been opened, which strengthens the evidence. Please note: recipients can disable the read receipt (the blue check marks). In that case, it remains visible that the message has been delivered, but not whether it has been read. A screenshot of the message status can serve as substantiation in a dispute, although the judge always assesses the circumstances of the case.

Step-by-step plan: how to carefully handle a sick leave notification via WhatsApp

Did you receive a sick leave notification via WhatsApp? With these steps, you can avoid disputes afterwards:

1. Confirm receipt immediately. A brief response (“Get well soon, I’ll call you in a moment”) records that the message has been received and prevents later doubt.
2. Refer to your absence rules. If your regulations require notification by telephone, kindly point this out to the employee and ask them to call instead.
3. Record the moment and the agreements. Note the date, time, and what has been agreed regarding availability and contact with the company doctor.
4. Save the message. Do not delete the WhatsApp conversation; in the event of a dispute, this is your proof of what was exchanged.
5. Engage the company doctor or occupational health service in a timely manner. Absence management follows the usual route, regardless of the channel through which the notification was received.

What this means for you as an employer

For employers, it is wise not to wait, but to establish the absence process in advance. After all, you largely determine how a sick leave notification should proceed at your company.

Lay down the rules in an absenteeism policy

In a sickness absence policy, you stipulate how, to whom, and in what manner an employee must report sick, for example, by telephone to a designated contact person and before a specific time. If an employee fails to comply with this, you are in a stronger position. You can read more about this in our blog on dismissal due to violation of sickness absence regulations.

Always respond to a sick leave notification

Briefly confirm every sick leave notification, regardless of the channel. This prevents later discussion regarding whether the notification was received and immediately clarifies what follow-up steps you expect (such as contact with the company doctor or an on-call agreement).

Consider carefully what you want to do with read receipts

Disabling blue checkmarks can prevent an employee from seeing that you have read a message. At the same time, the reverse is also true: if you write to an employee yourself, blue checkmarks can actually work to your advantage. Make a conscious choice in this matter instead of letting things run their course.

A deviating reporting method in your regulations: is that permitted?

You may prescribe in an absence policy how an employee must report sick, for example by telephone to a designated contact person. Such regulations are permitted in principle, provided they are reasonable and clearly communicated. Important to know: failure to comply with the reporting method does not suddenly make the employee “not sick”. An employee who reports only via WhatsApp while your policy requires a phone call may still be incapacitated for work; you cannot simply disregard the report in that case.

What is possible, however, is to attach measures to non-compliance with control regulations, such as temporarily suspending wage payments until the employee follows the agreed steps. Strict conditions apply to a wage sanction or, in more serious cases, dismissal. Seek advice on this before attaching financial consequences to a missed or “incorrectly” submitted sick leave notification, so that you do not end up empty-handed yourself.

Frequently Asked Questions

Is reporting sick via WhatsApp officially valid?

Yes, provided the employer has received the notification. The law does not impose any formal requirements on reporting sick. However, an employer may prescribe a specific method of reporting sick in an absence policy; if the employee fails to comply with this, it may have consequences.

Who has to prove that the sick leave notification has been received?

As a rule, the person relying on the notification; in the case of a sick leave notification, this is usually the employee. The person sending the message must be able to demonstrate that it reached the employer. With WhatsApp, the delivery status or a response from the employer can assist in this.

As an employer, am I allowed to refuse a sick leave notification via WhatsApp?

You can stipulate in your absence policy that reporting sick must be done in a different way, for example by telephone. You are then not obliged to simply accept a notification received solely via WhatsApp, while your policy prescribes otherwise. Ignoring it entirely is unwise: after all, you know that the employee is claiming illness.

Does a text message also count as a valid sick leave notification?

In itself, yes, but proving it is more difficult. With a regular text message, you generally cannot see if the message has been delivered. If the employer denies having received the text message, that is difficult to refute.

What if the employee remains unreachable after reporting sick?

Establish availability agreements in your absenteeism policy. If an employee fails to adhere to these without good reason, this may be grounds to temporarily suspend wage payments, for example. Seek legal advice on this matter before taking any measures.

Should I save a WhatsApp sick leave notification?

That is sensible. The message history can show, during a later discussion, when the notification was received and what was agreed upon. Therefore, do not delete the conversation as long as the default is ongoing.

Ensure your absenteeism policy is legally sound

Many disputes regarding sick leave arise because agreements are not documented or are unclear. An up-to-date, legally sound absence policy prevents unnecessary conflicts and puts you in a stronger position in any potential legal proceedings. We would be happy to review your existing documents or draft new ones.

• Need help with a dispute regarding sick leave or dismissal? Check out our page on employment law.
• a watertight employee handbook or absence policy? We draft it to measure.

Would you like to present your situation? Schedule a no-obligation intake and discuss your question with one of our legal experts.