Incapacity for work and illness Archives

Can an employer charge a waiting day in case of illness?

The employer may not observe waiting days. → CLA article 26.3

What is continued payment of wages during illness?

By law, the employer must pay 104% of the wages for 70 weeks. The employer must also pay a supplement of 52% for the first 30 weeks. → CLA article 26.3

Where can I find my rights and obligations during illness and reintegration?

You will find your rights and obligations during illness and reintegration in the so-called Improvement Gatekeeper Act. Both you (as a sick employee) and your employer are both responsible for your reintegration. The reintegration process consists of a number of steps and is included in this 'Gatekeeper Improvement Act'.

Will I continue to receive my wages if I cannot work due to illness?

Continued payment of wages during illness is legally required for 104 weeks (2 years). If you are sick for a long time, your employer must continue to pay you at least 104% of your wages for 70 weeks. Additional agreements may be included in your collective labor agreement, employment contract or internal company regulations.

My employer does not accept my sick report. What can I do?

If your employer does not accept your sick report, this can have various reasons. You have not reported sick according to the regulations or he does not believe that you are sick. What can you do then?

Do I have to respond to the call from the company doctor?

Yes. During illness you follow the inspection regulations of your employer. This also includes a discussion with the company doctor. You can bring someone to the interview if you feel more comfortable with it. Making an appointment with the company doctor can also be preventively requested by you as an employee. Precisely to prevent you from dropping out due to illness.

I have doubts about the advice of the company doctor. What can I do?

If you do not agree with the advice of your company doctor, it is advisable to first contact the company doctor yourself. You can ask for an explanation or provide one yourself. If this does not lead to different advice, you can ask for a second opinion from another company doctor in consultation with your company doctor. Your employer pays the costs for the second opinion. You can also request an expert opinion from the UWV. There are costs associated with this.

What is the risk if I do not want to have a conversation with my employer during illness?

In this matter too, you must comply with the control regulations of your employer. It is therefore advisable to participate in a meeting with your employer. If the company doctor has clearly advised (and recorded) that it is better for your recovery not to have contact with your employer, then this is not necessary.

What can I do if my employer and I disagree about the reintegration?

If you and your employer disagree about the reintegration or about the opinion of the company doctor, then you both have the option to request an expert opinion. This judgment is an objective approach from the UWV. This expert opinion entails costs. These costs are different for the employer and employee. The costs are for the party requesting the research. The application takes 2 to 4 weeks. However, the outcome is not binding, which means that the decision cannot be appealed.

What is a WIA benefit?

A WIA benefit is a temporary safety net in the event of loss of income if you are unable to work or can no longer work fully due to long-term illness. WIA stands for Work and Income according to Capacity for Work Act. Until 2006, the previous version of this law was known as the WAO (Occupational Disability Insurance Act).

Am I eligible for a WIA benefit?

If you become incapacitated for work, you will of course want to know if and when you can apply for WIA benefit. Normally, your employer is obliged to continue to pay your wages for a maximum of two years in case of illness. If you are still sick after this period, your employer's wage payment will stop and you may be able to apply for WIA benefit. Whether you are eligible for WIA benefit depends on several conditions.

What can I expect when I apply for WIA benefit?

Are you still sick after 88 weeks? Then you will receive an application form from the UWV. As an employee, you apply for the WIA benefit yourself from the UWV. This completed application, of course provided with the necessary information, must be received by the UWV no later than the 93rd week of illness.

The UWV then assesses whether the reintegration activities have gone well. Does the UWV think that your employer has made insufficient effort for your reintegration? Then the UWV may impose a wage sanction on your employer for a maximum of 1 year. This means that your employer is obliged to continue to pay your wages for a maximum of 1 year. Dismissal after two years of illness is not possible in this case.

How is the amount and duration of the WIA benefit determined?

The amount of your WIA benefit - or WGA benefit / IVA benefit - is determined on the basis of a number of factors. Naturally, the degree of incapacity for work plays an enormous role. After all, this determines to what extent you can (possibly) return to work. These remaining factors include:

What you earned at your employer when you were not yet incapacitated for work;
What your residual earning capacity is.