Continued payment of wages during illness
During the first two years of illness, you are entitled to at least 70% of your salary. Many collective bargaining agreements or employment contracts stipulate that you receive 100% in the first year and 70% in the second. Note: this percentage may not fall below the statutory minimum wage in the first year.
Sick leave and privacy
If you're sick, you should report sick according to your employer's procedures. You don't need to explain exactly what's wrong with you. This is confidential information between you and the (company) doctor.
Reintegration obligations
The Gatekeeper Improvement Act takes effect from the first day of illness. This law outlines the steps you and your employer must take to promote your return to work. For example, the employee must report sick, and the employer must report the illness to the occupational health and safety service or company doctor within the first week of the illness. The company doctor must also have completed a problem analysis by week 6. Other steps include developing an action plan and conducting regular evaluations.
Contribute to recovery
You are obligated to cooperate with your recovery and reintegration. This means, among other things, that you must be available, respond to calls from your occupational health physician, and adhere to the action plan. If you fail to do so, your employer may suspend or even terminate your pay.
Rights after 2 years of illness
Are you still ill after two years? Then you may be able to apply for a WIA benefit. The UWV (Employee Insurance Agency) assesses whether you are (partially) incapacitated for work and whether you are entitled to benefits. There are two types of WIA benefits: the WGA for partially incapacitated individuals and the IVA for fully and permanently incapacitated individuals. The WGA is awarded to employees who are partially or temporarily fully incapacitated. The IVA is awarded to employees who are fully and permanently incapacitated. The UWV's medical examiner determines whether an employee is temporarily or permanently incapacitated. The UWV's occupational expert then determines the degree (percentage) of incapacity.
Need help?
Do you have questions about your rights and obligations during illness or reintegration? De Unie We are ready to assist you. Contact our Service Center at sc@unie.nl or call 0345 851 963 on weekdays between 8:30 AM and 17:00 PM.
