Disadvantage returning back to work from burnout?

Vraagsteller

I am currently in sick leave due to burn-out which is assessed by company doctor and GP. I will have a meeting with the company doctor later to see if I could come back to the work, but on the other hand, I am concerned if there is any disadvantage in case employer tries to change my job position and R&R. In this case what kind of rights I can have and would like to see if I could get legal advice.

Jurist

I understand your concerns about your return to work after a period of sick leave due to burnout. It's crucial that you are aware of your rights as an employee in these circumstances. Primarily, your employer is obligated to work alongside you to formulate a 're-integration' plan. This document details the steps being taken to facilitate your transition back to work whilst maintaining consideration for your health and comfort. If there is a fear of potentially being pushed into changing your role or responsibilities in a way detrimental to you upon returning, there are options for consultation. Speaking with the company doctor (physician), the Employee Insurance Agency (UWV), and an occupational therapist can help you to understand your situation and options available better. Your employer's duty is to provide appropriate work, meaning that the tasks assigned to you should align with your capabilities and health. If a job alteration is put forth, it must be reasonable and not infringe on your working conditions to your disadvantage. Remember, it is within your rights to object to a proposed job change if it does not suit you. Moreover, you are legally protected from termination while on sick leave, unless there are reasons for dismissal aside from burnout. As an employee, you have the right to a healthy and safe working environment. If you experienced burnout in your job, it's important to discuss this with your employer. If they refuse to take reasonable steps to prevent similar incidents in the future, you may be able to seek further legal advice or take action. In the case of being dismissed, the employer must have a reasonable ground for terminating your employment. However, your sick leave should not contribute to this decision unless other specific circumstances dictate so. I strongly recommend seeking further legal advice from an employment law specialist or lawyer who can provide more specific guidance based on your situation. Please note this advice serves only as general guidance. In conclusion, it's essential to maintain open communication with your employer about your health and wellbeing, especially when returning to work post-burnout. Remember, your employer has obligations towards your health and safety. The company should work with you to secure a successful return to your role and can’t dismiss you because of your sick leave without having other substantial grounds to do so. Always seek professional legal advice tailored to your specific circumstances for the best course of action.