A lot comes your way when dealing with incapacity for work and illness. From an application for benefits to obligations surrounding your reintegration. It's easy to lose track in the tangle of rules, laws, and organisations. Risky, because before you know it, you'll miss out on what you're entitled to.
Incapacity and sickness
What should I pay attention to?
It always starts with you reporting sick. If it turns out you remain sick for longer than usual? Then inform yourself about the Poortwachter Improvement Act: it describes exactly what the first two years of your illness and reintegration look like. From your rights and obligations to the moments when your employer or company doctor must do something.
Have you been ill for two years and not fully recovered, despite your reintegration efforts? In that case, an insurance doctor and an occupational expert will assess together whether you are disabled. Can you still do certain work? And if so, how much or for how long? The UWV then compares the hourly wage you can now earn with your old hourly wage. If your income decreases by at least 35 percent, you are (partially) disabled.
What does this mean for me?
If you are ill for a long time, you must reintegrate. For the first two years, you are entitled to at least 70 percent of your salary. Some collective labour agreements and employment contracts stipulate that you will receive more. During reintegration, you must adhere to the rules and agreements. If you do not cooperate, your employer may suspend or withhold your salary – and in extreme cases even dismiss you. If you have been ill for two years, it is not likely that you will recover within six months, and you cannot do other work either? In that case, your employer can file a dismissal request for you with the UWV.
If you can still work (partially), you may need to look for different work or a different employer, as you will no longer be able to perform your old role. It is also possible that you can no longer work at all. In either case, you may be eligible for a disability benefit from the UWV.
We do this for you
If you are on short-term or long-term sick leave, or are unable to work, there are all sorts of rights and obligations you need to be aware of. De Unie is here to help with clear information, practical advice and solution-focused support. And with Useful sample letters. That way you have one less worry and can focus on what's most important: your health.
What do you get as a member?
Light
- Updates on your work, collective labour agreement & sector
- Help with work, benefits & income
- Newsletter
Complete/extra
- Updates on your work, collective labour agreement & sector
- Complete help with work, benefits & income
- Newsletter
- Useful calculation tools and sample letters
- Legal advice and support
- Understanding your pension
- Help and advice with your benefit
- Input into your employment terms
FAQ
Where can I find my rights and obligations during illness and reintegration?
Your rights and obligations during illness and reintegration can be found in the so-called ‘Wet Verbetering Poortwachter’ (Improvement of Labour Capacity Act). Both you (as a sick employee) and your employer are responsible for your reintegration. The reintegration process consists of a number of steps and is included in this 'Wet Verbetering Poortwachter'.
A summary of the steps can be found below:
For the first year
- Sickness cases must be reported to the company doctor or occupational health service no later than 1 week after the first day of sickness.;
- When an employee has been sick for 6 weeks, a problem analysis must be carried out by the occupational health service or company doctor.;
- Within 8 weeks of the notification of sickness, or at the latest two weeks after the problem analysis, the employer, in consultation with the employee, shall draw up an action plan.;
- In the event of long-term absence, the employer must keep a reintegration file, which includes the course of the illness and all reintegration activities.;
- Every 6 weeks, the employer must discuss progress with the employee.;
- The employee, together with the employer, chooses a case manager. This person is responsible for guidance and monitoring the implementation of the action plan.;
- In the 42nd week, the employer must report the employee as sick to the UWV.
After a year
- If the employee unexpectedly remains ill for an extended period, a first-year evaluation will take place between week 46 and week 52. In this evaluation, the employer and employee will review the past year and determine what reintegration results they wish to achieve in the second year of illness (and how they will do so).;
- If the employee is not yet fully working after 20 months, the employer, in consultation with the employee, will draw up a reintegration report containing agreements and concrete results.;
- If the employee is not yet fully back at work, they will receive a WIA application form from the UWV in the 87th week. This form must be returned within 3 weeks. The UWV will then assess the reintegration report and conduct a WIA assessment.;
- If necessary, the employer must adapt the employee's work, work equipment, and workplace.
What can I do if my employer and I disagree about reintegration?
If you and your employer disagree on reintegration or the occupational health physician's assessment, you both have the option to request an expert opinion. This opinion is an objective approach from the UWV. This expert opinion incurs costs. These costs differ for the employer and employee. The costs are borne by the party requesting the assessment. The application takes 2 to 4 weeks. However, the outcome is not binding, meaning that the decision cannot be appealed.
The decision carries more weight than the occupational health doctor's advice and warrants discussion. Always continue to have good conversations with each other. If, despite your best efforts, you cannot reach an agreement together, the dispute can ultimately be submitted to the court. The court will determine the next steps.
What is continued pay for wages during illness?
By law, your employer must pay your wages for 104 weeks of sick leave. During the first year of sick leave, you will receive at least 70% of your wages and no less than the minimum wage. You may be entitled to a higher wage if this is stipulated in your collective labour agreement or your employment contract. In your second year of sickness, your employer will also pay you at least 70% of your salary. However, your employer is no longer obliged to top this up to the minimum wage. If this means your (family) income falls below the social minimum comes, you can at UWV a Apply for a surtax.
