Legal advice: Performance review during illness
When Astrid develops thyroid problems, she continues to work hard. The enthusiastic teacher transforms into an irritable teacher. She should have called in sick.
Picture: Type tank
Astrid dreamed of teaching as a child. And indeed: she has been working as an English teacher at a secondary school for years and is really enjoying it. Her manager Henk is satisfied with the way she does her job. She is good with students and her classes achieve good results.
Unfortunately, Astrid is suffering from her health. Her thyroid gland is not working properly, so she cannot concentrate properly and often feels fatigued. Despite her health problems, she continues to work and that has not been without consequences.
Tired
Her students watch their patient, sweet teacher turn into someone who is easily irritated. Astrid also looks tired. Her colleagues have also noticed that Astrid has changed a lot. She doesn't keep work agreements and when colleagues point this out to her, she suddenly walks away. They think it is strange. Would Astrid be ill? Well, she probably wouldn't, otherwise she would have called in sick.
Her students watch their patient, sweet teacher turn into someone who is easily irritated
Henk receives negative messages about Astrid from parents of exam students and colleagues and decides to start a conversation. During the conversation, Astrid is told that Henk has doubts about her performance and that she must start an improvement process. If her performance improves, she can stay, if not she will be fired. Astrid is very shocked by this announcement and is afraid she will lose her job. She calls the legal department AOb.
Occupational physician
The legal assistant asks Astrid whether she has called in sick and whether she has already been to the company doctor. No, says Astrid, because from home I was informed that the work always continues, so I did not think about reporting sick.
The legal assistant explains that an employee may not be assessed on his performance during illness, because the reason for the malfunctioning may be related to the health complaints he has. Only when there is no longer any question of illness, an employer may initiate an improvement process for the employee.
The legal assistant explains that an employee may not be assessed on his performance during illness
To recover
Astrid subsequently called in sick and the company doctor concluded that the main cause of her 'malfunctioning' has to do with her health.
The improvement process is therefore canceled and Astrid is given time to recover and it is expected that her functioning will also improve.
This section is based on practical experience of AOblawyers and is published every month in the Onderwijsblad, the magazine of the AOb. Do you also want to receive the magazine at home? Become a member!
