
What do you need to do if you get ill and are unable to work for an extended period of time?
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When you are ill, you report ill to your employer. In the Netherlands, there are rules about long-term illness and work. You have rights, but also obligations. In this article, we explain what you have to do if you become long-term ill.
Report ill to your employer immediately
You may report ill in the Netherlands if you are physically or mentally unable to do your job. Sometimes you cannot work for a longer period of time, due to mental or physical illness.
You must report this to your employer. Usually you do this to your supervisor. You can do this by phone, app or email.
Many workplaces have set rules for reporting ill. These rules vary from company to company. It is important that you check them carefully, for example in the employment contract, the
Your employer may ask you how long you think you will need to recover. The employer asks this to find out if they need to arrange temporary replacements until you can return to work.
During your illness, you must remain contactable by your employer. You can make arrangements together regarding contact.
Your employer may not ask about your medical condition. This is due to privacy rights. So they may not ask exactly what is wrong with you or what treatment you are receiving.
See your doctor (GP) if necessary. The GP will help with treatment. The GP usually does not determine whether you can work. The
When you feel better again, notify your employer. That way your employer will know that you can work again. They will also know that a replacement is no longer needed.
This is what happens when you cannot work for an extended period of time
Within 1 week after your first day of illness, your employer notifies the company doctor or
During this interview, the company doctor or health and safety service discusses your symptoms and what you can and cannot do at work. The company doctor or health and safety service then performs a problem analysis. This document states:
What your symptoms are (without medical details)
What is needed for your recovery
What is needed for your reintegration (return to work)
The company doctor will put your medical information in the 'Medical Information' form. This form is only sent to you. Your employer does not receive this form. Your employer may not receive any medical or privacy-sensitive information about you. This is only allowed with your permission.
You make a plan of action with your employer
You and your employer make a plan of action together. For this plan you use the information from the problem analysis compiled by the company doctor or health and safety service. You usually make the plan of action at around 8 weeks of illness. The plan of action contains agreements about:
What you will do to get back to work
What help you need for this
Record agreements in the plan of action
For example, the plan of action may include these agreements:
Work adjustments such as doing other tasks or working fewer hours
Workplace adjustments such as a different or quieter space
Help and guidance such as attending therapy (e.g. trauma treatment or stress counselling)
Or taking a course, training or career guidance
You must accept suitable work. You and your employee discuss how the reintegration is going at least once every 6 weeks. After these discussions, you can adjust the plan of action, if necessary.
Disagree with the Plan of Action
If you and your employer do not get along well, you can assign a
Does the
If you are ill for any longer
42nd-week notification in case of long-term illness
Are you still ill after 42 weeks? Then your employer reports you ill to UWV. This is called the 42nd-week notification. Sometimes you are entitled to sickness benefits. For example, for employees who are pregnant or over 55 years old. Then your employer must apply for this to UWV.
You continue to work with your employer on your reintegration during this period.
First-year evaluation
Have you been ill for about 1 year? Then you and your employer complete the first-year evaluation together. You discuss together how the reintegration is going and whether you are on the right track to return to work (fully). While doing so, you look at the plan of action.
You also look ahead to the coming year. Is it not yet clear how you can return to work within the company? Then you and your employer should look more actively for other possibilities. This may be: other suitable work within the company or work outside the company.
The health and safety service, a reintegration company or UWV can help.
You get a letter from UWV to apply for WIA benefits
WIA is the abbreviation for the Dutch Act on Work and Income in accordance with Capacity for Work. The WIA benefits are for people who are temporarily or permanently unable to work (fully) due to illness.
In the 88th week of your illness, you will receive a letter from UWV. This letter tells you what you must do to apply for WIA benefits.
Final evaluation and current assessment
In week 91, you and your employer complete the final evaluation together. In it you describe how the reintegration went.
For the final evaluation, you use the current assessment of the company doctor or health and safety service. This assessment states what you can still do at that time and what you cannot do. Your employer must also complete the final evaluation if you leave employment and you are sick for 10 weeks or more at that time.
Applying for WIA benefits
Are you still not feeling well after a long time? Then you must apply for WIA benefits no later than the 93rd week.
Are you close to getting better and able to return to work soon? Then you can agree with your employer that your wages will be paid for a longer period of time. In that case, you will not apply for WIA benefits.
After 2 years of illness, continued payment of salary stops
Your employer continues to pay your wages for up to 2 years (104 weeks) if you are ill. After 2 years of illness, your employer may dismiss you.
Are you receiving illness benefits? Then these benefits will also stop after 2 years (104 weeks). After 2 years of illness, you may be eligible for WIA benefits. The UWV assesses whether you are entitled to this.