In the Netherlands it is clearly laid down what happens if you are unable to work for a longer period of time due to illness. What you are entitled to, but also what you must do. And what you can expect from your employer or the occupational health and safety doctor. We have listed this clearly for you. From your continued payment of wages to an action plan for your reintegration: this is what you can count on if you are ill for a long period of time.
Two years right to wages
Legally speaking, during your first two years of illness, you are entitled to a minimum of 70 percent of your wage, up to a maximum of 70 percent of the maximum daily wage. Some collective labor agreements and employment contracts contain a higher minimum percentage. Will your recovery take longer than two years? Then you may be eligible for a WIA benefit.
It starts with a simple sick report
We are talking about long-term illness, but you don't always know in advance that it will take a long time. That's why the whole process starts with a sick report – just like you always do. Please note: your employer only needs to know that you are ill, not what your complaints are. That is between you and your (company) doctor.
Long-term illness? This is what the first two years and reintegration look like
Turns out your illness lasts longer than a few days? Then the Gatekeeper Improvement Act comes into effect. This specifies what the first two years of your illness and reintegration will look like. It is explained per step what you, your employer or the health and safety doctor must do.
Contribute to your reintegration
You must cooperate with your reintegration, otherwise your employer may suspend or stop your continued payment of wages – in extreme cases even dismissal. In order not to be 'culpable', you should at least:
- be available for your employer and the health & safety doctor;
- responding to calls from the health and safety doctor;
- do not hinder your healing and do everything you can to get better;
- you stick to the agreements from your PoA.
Your employer also has obligations
Your employer must also fulfill its obligations during your reintegration. When assessing the reintegration report, the UWV is the first to investigate whether it has done so. If not, the UWV can impose a wage sanction on him, as a result of which he must continue to pay you for a maximum of one year.
We are ready for you
Are you (long-term) ill and do you want to know what you are entitled to? Or do you have a disagreement with your employer about your reintegration and are you afraid that this will lead to a conflict? Contact our legal specialists directly. Our Service Center is available every working day from 8.30 am to 17.00 pm via sc@unie.nl and 0345 851 963.
