Your rights in the event of illness in the Netherlands
The Dutch system provides employees with comprehensive protection in the event of illness. If you become ill and are unable to work, you are entitled to continuation of your wages (loondoorbetaling bij ziekte) for a maximum of two years. Your employer may not dismiss you during this period due to your illness. These are strong rights that also apply to labour migrants working in the Netherlands.
It is important to know that these rights do not apply automatically if you do not follow the proper procedures. You must report sick to your employer in accordance with the applicable rules and cooperate in your reintegration. In this article, we explain what your rights and obligations are.
Continuation of pay during illness
During the first two years of your illness, your employer is required to continue paying at least 70% of your salary. In the first year, this may not be less than the statutory minimum wage. Many collective labour agreements (CAO) provide that the employer must pay more, sometimes even 100% in the first year and 70% in the second year.
If you have a temporary contract that expires during your illness, your employer's wage continuation obligation ends. You can then apply for a Ziektewet benefit from the UWV. This amounts to 70% of your daily wage. This also applies to agency workers in phase A whose contract ends during illness.
The prohibition on termination during illness
One of the strongest protections for sick employees is the prohibition on termination during illness. This means that your employer may not dismiss you during the first two years of your illness, with some exceptions. This prohibition also applies if your employer is carrying out a reorganisation. The prohibition does not apply if you were already ill when the request for dismissal was filed, or if there is summary dismissal (ontslag op staande voet) for an urgent reason.
Sickness Reporting and Verification
If you are ill, you must report sick to your employer as soon as possible, preferably on the first day of your illness. Your employer may ask when you expect to be able to return to work, but may not ask about the nature of your illness. Medical information is private and your employer has no right to it.
Your employer engages an occupational physician to assess your incapacity for work. The occupational physician may request medical information and provides advice to your employer on your work capacity and the expected duration of your illness. If you disagree with the opinion of the occupational physician, you can request a deskundigenoordeel from the UWV.
Reintegration obligations
Both you and your employer have obligations in the area of reintegration. Your employer must draw up a plan of action, offer suitable work and maintain a reintegration file. You are obliged to cooperate in your reintegration, accept suitable work and follow the advice of the occupational physician.
Reintegration has two tracks. The first track focuses on return to your own employer, possibly in a different position. The second track focuses on work with another employer. If your employer does not do enough regarding reintegration, the UWV can impose a wage sanction (loonsanctie) of a maximum of one year extra wage continuation.
After two years of illness: WIA
If after two years you are still unable to work fully, it will be assessed whether you qualify for a WIA benefit (Work and Income according to Labour Capacity Act). There are two types of WIA benefits: the IVA for fully and permanently disabled workers, and the WGA for partially disabled workers or for those for whom recovery is possible.
The UWV assesses your work disability on the basis of a medical and labour-market assessment. It is advisable to seek assistance in this process, as the assessment can be complex and the consequences are significant.
Need help with illness and work?
At Arslan Advocaten, we assist employees who experience problems regarding illness and work. Whether it concerns an employer who does not continue to pay your wages, a threatened dismissal during illness, or a conflict over reintegration, we are ready to assist you. Contact us for expert legal advice in your own language.