Right to return to current position after being ill for a year?

Questioner

My employer doesn't want me back in my old job because he's afraid I might get sick again. You never know that in advance, do you?

Lawyer

If you have recovered from a long-term illness and are able to resume work, you are in principle entitled to return to your old position. This is based on the fact that the employment contract between you and your employer continues to exist during your illness. However, this is not an absolute right. In certain cases, the employer can, for example, appeal to changed circumstances. For example, if the company has been reorganized in the meantime and your position has become redundant, this may mean that you cannot return to your old position. To say that you may become ill again, and therefore should not return to your old job, is not enough. An employer may not discriminate against you based on the fear of possible future illnesses. If you feel you are being treated unfairly, it is advisable to consult a legal professional or attorney to explore your rights and assist you with any steps you may need to take. Please note that this is general advice and may differ from the specific situation. Always contact an expert for tailored legal advice. ---------------- 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.