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As an employer, you have a duty of care to ensure a safe and healthy workplace (Article 7:658 of the Dutch Civil Code and the Working Conditions Act). In the event of an outbreak of an infectious disease, this means: take preventive measures, update your absenteeism protocol, and adhere to the applicable guidelines.
Your duty of care in case of risk of infection
You must ensure a work environment in which employees can work safely. In the event of an increased risk of infection, this requires an active policy to prevent infection and mutual transmission. Failure to do so may lead to liability and absenteeism.
What preventive measures can you take?
Consider good hygiene and cleaning, sufficient distance or shielding where necessary, facilitating working from home, and clear instructions. Align the measures with the nature of the work and with the current guidelines from the government and health authorities.
Absenteeism, wages and privacy
In principle, a sick employee is entitled to continued payment of wages. Do not ask about the nature of the complaints — you do not process health data yourself; that is done by the company doctor. Record absence and reintegration in accordance with your protocol and privacy regulations.
Establish the policy
Incorporate your prevention and absenteeism policy into a protocol or employee handbook so that everyone knows what applies. A clear, pre-communicated policy aids compliance and limits your liability.
Frequently Asked Questions
Am I allowed to send an employee with symptoms home?
Based on your duty of care, you can take measures to prevent infection. Take into account continued payment of wages and privacy regarding health data.
May I ask what is wrong with an employee?
No. You may record that someone is ill and agreements regarding reintegration, but the nature of the complaints is the responsibility of the company doctor.
Am I liable if an employee becomes infected at work?
That depends on whether you have fulfilled your duty of care. Good, demonstrable measures limit your liability.
Is your occupational health and safety and absenteeism policy in order?
Our legal experts document prevention and absenteeism policies in your employee handbook. View our employment lawteam or schedule a free consultation.
