Second Opinion in Sick Leave Disputes in the Netherlands
Since 2017, Dutch law has provided employees with a statutory right to request a second opinion (second opinion) from an alternative bedrijfsarts when they disagree with the opinion of the employer's company doctor. This right is laid down in Article 14(2) Arbowet and was introduced to address the perception that bedrijfsartsen, being paid by employers, might not always act sufficiently independently in the employee's interest.
The second opinion must be carried out by a bedrijfsarts who is not affiliated with the employer's arbo-dienst. The costs are borne by the employer. The employee cannot be required to waive this right, and the employer cannot penalise the employee for exercising it.
When and how to request a second opinion in the Netherlands
An employee may request a second opinion whenever they fundamentally disagree with the bedrijfsarts assessment regarding:
- Whether they are fit or unfit for their own work or other suitable work.
- The advice about reintegration possibilities (spoor 1 or spoor 2).
- The expected duration of incapacity.
- The functional limitations used as the basis for the reintegration plan.
The request is made to the employer, who arranges access to an independent bedrijfsarts. The second opinion replaces the first assessment as the basis for further reintegration planning, unless the employer can demonstrate objectively that the second opinion is manifestly incorrect. In practice, the second opinion is binding unless challenged via a UWV deskundigenoordeel.
Difference between second opinion and deskundigenoordeel under Dutch law
The second opinion is a medical second opinion on the bedrijfsarts assessment. The deskundigenoordeel from the UWV (see our page on the deskundigenoordeel) is a broader assessment that also addresses whether the employer's reintegration efforts as a whole are adequate. Both mechanisms can be used, and in complex disputes it may be appropriate to use both sequentially. For the full sick leave framework, see reintegration obligations, the company doctor, and the two-year sick leave rule. Consult an employment lawyer in the Netherlands if the dispute escalates.
The European Committee on Social Rights issued a negative verdict on the original Dutch arrangements for sick leave medical assessment, directly contributing to the legislative reform that introduced the statutory right to a second opinion. The second opinion must be provided by a different bedrijfsarts, not affiliated with the same arbodienst, and the costs are borne by the employer; the original company doctor is required to provide all relevant information to the second-opinion doctor under Article 14(2) Arbowet.