Beyond Exhaustion: Navigating Burnout in the Netherlands
I spoke with a friend recently about her burnout experience. She shared her overwhelming feelings of exhaustion, loss of joy in life, and deteriorating physical health. Gosh, how exhausted she sounded. Remember those dementors from Harry Potter who sucked life and happiness out of their victims? It seemed like she had encountered one of them.
Despite the struggles, her responsibilities as a mother and financial provider pressured her to carry on with her job.
Experiencing burnout is challenging, and trying to work through it can worsen the situation. It’s not just harmful to your health — raising the risk of depression, cardiovascular diseases, and other health problems—but it’s also counterproductive. The harder you push, the longer it may take to recover.
Businesses also bear costs from employee burnout. In 2021 alone, work stress resulted in 11 million days of absence and cost Dutch companies approximately €3.3 billion, with 37% of employees indicating work stress as a key factor in their absenteeism.
Taking action
If you are experiencing burnout, taking action is crucial for your wellbeing and professional efficacy. A good starting point is to talk about your specific challenges at work with your manager. This transparency helps ensure your manager is aware and can respond effectively.
With a supportive leader and a people-oriented culture, this dialogue may lead to workload adjustments and provide a healthier work environment. In the ideal situation, if actions are timely and your burnout is mild, you might recover while continuing to work.
In reality though, due to a complex nature of burnout, awareness and acknowledgment don’t always lead to immediate improvements, which can leave you feeling too weary to carry on.
Despite the fact that sick leave might be the only viable option for recovery, many employees fear taking necessary breaks due to concerns about job security, career progression, and guilt. This often stems from a lack of understanding about burnout and employee rights.
Understanding Your Legal Rights
For this article, I consulted with Rachel Wolff, a former Uber legal counsel and co-founder of Movebite, to outline basic rights under Dutch law. Below we addressed four common misconceptions associated with burnout:
1. Burnout Is Not a Valid Reason for Sick Leave
In the Netherlands, you’re entitled to take a work break for burnout recovery since it’s recognized as a legitimate reason for sick leave. For detailed provisions, see Dutch employment laws.
In brief, your employer must maintain your salary payments during sick leave. The minimum requirement is to pay 70% of your annual gross salary for up to two years. Your actual pay during this period is outlined in your employment contract and any applicable collective labor agreement (CAO) if applicable to your situation.
Normally, burnout recovery typically ranges from a few weeks to several months. If you require a break longer than a month, termed long-term sick leave, a company doctor will be involved. Company doctors (or bedrijfsarts/arboarts in Dutch) play a vital role in assessing and managing your long-term sickness.
Initially, they evaluate your condition and determine when you can feasibly return to work, ensuring privacy and later they help to create a step-by-step plan on how to gradually return to work. It’s important to be candid with your company doctor, who is obligated to maintain confidentiality and will not share details with your employer. Even when your feelings are limited to exhaustion, anger, and frustration, recognize these as symptoms of burnout—there’s no shame in experiencing them. While providing a complete and honest picture of your circumstances enables the company doctor to offer the most suitable recommendations.
Remember, alongside rights, employees on sick leave also have certain obligations. You must prioritize your recovery and collaborate with your employer on the reintegration plan, so it’s important to keep in touch with your employer.
Often though, all you need in the beginning is a full stop. So, don’t hesitate to inform your company doctor if discussions with your manager or certain colleagues are distressing and focus on finding communication methods that don’t impede your recovery.
2. Company Doctor Have Sole Control Over My Recovery and Reintegration
Company doctors act as mediators between employees and employers, clarifying medical conditions and reintegration steps. They ensure compliance with Dutch labor laws and regulations regarding sick leave and employee well-being. However, your actual recovery from burnout is not their main focus. It’s your responsibility and you’d better stay proactive. If rest doesn’t improve your condition, consider asking your GP (huisarts) for a mental health professional referral. Meanwhile, discussing your experience with friends, family, and others who’ve faced burnout may help.
A popular misconception is to believe that company doctors have the final say in your return to work. Indeed, it’s not uncommon to be advised to return to work while still in a poor state. However, the role of company doctor is advisory, and employees have the right to seek a second opinion if they disagree with the company doctor’s recommendations.
To get a second opinion you must request this from the same doctor, whose cooperation is mandatory except for compelling reasons. And if even in this case an agreement remains elusive, you can request an expert opinion from the UWV (Employee Insurance Agency). Remember, in your burnout recovery process, the company doctor has an advisory role and not the final instance.
3. I Will Lose My Job During Burnout Leave
Another common worry is income loss while dealing with exhaustion. Good to know that Dutch law protects employees against termination during the first two years of sick leave. This protection is vital for those on burnout-related leave as it allows prioritization of health and recovery without job security stress. More information can be found here.
It is important to note that the legal protection against termination during sick leave varies depending on your contract type. Employees on permanent contracts have two-year protection as described above, and those on temporary contracts will have protection for the duration of their contract. In such cases, employers are not required to extend contracts, even if you’re on sick leave, so your contract will expire automatically on the end day. Additional information for these situations can be found here.
If you are still unable to work due to burnout or subsequent depression when your contract ends, you may be eligible for sickness benefits (“Ziektewet-uitkering”) from the UWV. This benefit supports those who are ill and no longer receiving an employer salary. You should apply for these benefits before your contract ends, ideally upon learning it won’t be renewed.
4. My Burnout Will Make Me Unhirable
Since burned-out employees are 2.6 times more likely to look for another job, concerns about career progression are not rare. It’s a common belief that experiencing burnout automatically ruins your career.
First, it’s crucial to understand that burnout is an occupational phenomenon, reflecting more on the systemic issues in a company’s management than on individual shortcomings.
Some may believe that they should hide their history of burnout when applying for new jobs. Indeed, stigma around burnout might exist in some companies. Therefore, Dutch law prohibits employers from inquiring about health conditions during interviews. This protects your privacy and job prospects during recovery, giving you the freedom to decide whether you want to disclose this information or not.
Getting Legal Support
In certain situations, you might benefit from legal assistance. For instance, if severance discussions arise while you’re on sick leave. Consulting legal counsel is crucial to avoid losing your rights to unemployment benefits (ww-uitkering) or Sickness Benefits.
Legal insurance can cover employment disputes and is a valuable asset. Remember to purchase it before any conflict arises; otherwise, the legal conflict might not be covered by the legal insurance. If you are a member of a labor union, they may offer legal support in certain cases.
Addressing Burnout Is Crucial
Guilt over taking time off is common. You might be concerned about leaving your team and clients or burdening your colleagues with extra work. However, it’s important to remember that prioritizing your health is vital. The World Health Organization (WHO) recognizes burnout as an occupational issue, not a personal failure. So, if the work situation is making you sick, the faster you address it, the quicker you can return to being a productive and fulfilled professional.
Being proactive, understanding your rights, seeking help, and addressing issues are key to recovery and work-life balance.
Remember, blue skies always follow storms. One day you will again be that happy and inspired work professional you were before.
Take care!
Disclaimer: This article provides general information only and is not legal advice. Consult a qualified legal professional for advice tailored to your specific circumstances.