Should I resign?

Questioner

I have been on sick leave since mid-October due to burnout/mental health issues. This is the third time with my current employer. I have come to the conclusion that when I am better I do not want to go back (not even to my current employer) because a large part of my problems at work will disappear and will return several times. For the problems of myself that may relate to autism/personality disorder I am being treated by a psychologist. Now I do not dare to discuss the situation at work with the company doctor, because I am afraid that he will immediately want me to reintegrate with my current employer, which would not promote my recovery. When I am better I would like to start working at another job from the sickness benefit, by either resigning myself or with the help of my current employer. What should I do and what is best?

Lawyer

I advise you not to resign during the sickness benefit. In most cases, you will lose your right to sickness benefit, because you have given up control over the employment relationship. This means that you would be left without income. In addition, it is important to know that you are not obliged to reintegrate into a work environment that is making you ill. If you indicate that you partly attribute your illness problems to your current work, you and your employer are obliged to look for other solutions. Think of reintegration in another department or even with another employer (second track reintegration). Your company doctor is also bound by professional secrecy and will not discuss your situation with your employer without your explicit permission. If you do not see any solutions within your current workplace and you wish to reintegrate elsewhere, you could discuss this in a safe setting with your company doctor or an employment lawyer. You could consider seeking legal advice to guide you in this. It is also essential to maintain open communication with your psychologist about this situation, as they can support you in the process. Please note that this is only general advice and it may always be wise to seek advice from a lawyer or attorney to help you further. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Questioner

Ok thanks for your response, But when would be the right moment to discuss this with the company doctor? Because I talked about my personal problems during my first conversation, and not about my work. At this moment I am not ready for reintegration because I am still in research treatment, and my psychologist wrote a letter for the company doctor yesterday in which it is stated that I am still incapacitated for work for six months.