Understanding sick pay and sickness benefit
In the Netherlands, if you become ill and are unable to work, you are generally entitled to sick pay. Your employer is obligated to continue paying at least 70% of your wages for up to 2 years (104 weeks).
You are entitled to sickness benefit (Ziektewet) from the UWV if your employment contract is legally terminated while you are ill. The Sickness Benefits Act provides income for individuals who become ill and lack a permanent job. This typically occurs when a temporary contract ends during a period of sick leave. In this situation, the UWV takes over the payments. This is typically the case if:
- You have a temporary contract that ends while you are sick.
- You become sick within 4 weeks after your employment contract has ended.
- You are entitled to Sickness Benefit due to pregnancy or childbirth.
- You work as a temporary agency worker (uitzendkracht).
It is important to understand that your sickness benefit is 70% of your gross (pre-tax) daily wage. Sickness benefit is capped at the maximum statutory daily wage limit. We can help you navigate the rules surrounding Sickness Benefit and ensure you receive the support you are entitled to during your illness.
The dangers of adjusting your employment contract due to illness
With a chronic illness, adjusting your employment contract may seem logical. You might consider reducing your hours or changing your job role. However, you must be aware of the potential long-term consequences. Such changes can significantly affect your future WIA benefit.
If you voluntarily reduce your working hours or accept a less demanding role while ill, this could be interpreted as a ‘medical setback’ (medische afzakker) by the UWV. This means that the UWV might consider the lower income you receive after the adjustment as your new ‘healthy’ income, rather than your original, higher income. This can significantly impact the calculation of any future WIA benefit, potentially leading to a much lower benefit amount than you might expect.
It’s vital to seek expert advice before making any changes to your employment contract while you are ill. A professional can help you understand the implications of such decisions and guide you towards the best strategy to protect your financial future.
What happens after 2 years off sick pay?
Worried about what happens after 2 years off sick-pay? Don’t be. The Dutch system is designed to provide security, ensuring a seamless transition from the standard 104 weeks of employer sick pay to support from the UWV. Get the peace of mind you deserve.
→ Read all about disability benefits and the Labour Capacity Act (WIA) in our article: Disability benefits in the Netherlands
Responsibilities during illness and sick pay
Both employers and employees have specific responsibilities when an employee is ill, especially concerning reintegration efforts and adherence to the Gatekeeper Improvement Act (Wet verbetering poortwachter).
Employer responsibilities during illness:
- Adapting work and workplace: If necessary, the employer must adapt the work, the workplace, and/or the work tools for the employee. This includes offering suitable work, which may involve a different function or even a job with another employer in extreme cases.
- Regular communication: It is crucial for the employer and employee to regularly discuss the progress (e.g., every six weeks). Based on these discussions, the reintegration plan may be adjusted.
- Cooperation with experts: The employer must have a contract with an occupational health service or company doctor (basiscontract). This ensures all employees have access to a company doctor, and it’s mandatory for every company to collaborate with one.
Employee responsibilities during illness:
- Cooperation with reintegration: As an employee, you are expected to play an active role in your return to work by cooperating with all reasonable reintegration activities proposed by your employer and the company doctor. Failure to do so can lead to the employer suspending your wages.
- Following rules: You must follow the employer’s absenteeism rules (verzuimprotocol), including timely reporting of sickness.
- Seeking expert opinion: If you disagree with your employer about your reintegration trajectory, you can request an expert opinion from the UWV. If you doubt the advice of the company doctor, you can request a second opinion from another company doctor.
Would you like personal guidance tailored to your situation? Schedule a free introductory meeting to discuss how we can support you.
How we support you with sick pay and disability benefits
Our services are tailored to help you navigate disability benefits, sick pay, and the WIA application process in the Netherlands.
- Expert guidance: We provide comprehensive support throughout your WIA (Work and Income According to Work Capacity Act) process. This process protects the value of your work and simultaneously secures your future income and benefits.
- Personal advocacy: We accompany you to important appointments with the occupational health service and the UWV (Employee Insurance Agency). We thoroughly prepare you for these meetings and ensure your voice is heard.
- Financial clarity: We provide independent insight into your future net disposable income based on Dutch laws and regulations. This includes salary, statutory benefits, and pension entitlements. We take all relevant financial aspects into account and answer your specific questions related to the Dutch system. You will receive a comprehensive report as a clear and practical reference.
- Peer support: Our peers, who have personal experience with chronic conditions, offer understanding and inspire you to cope with the lasting consequences of illness and strengthen control over your own life, work, and health. They provide support in finding a new daily routine with meaningful activities that fit your evolving situation.
- Process monitoring: We monitor the progress of your WIA application and act in your interest when necessary. With our expertise, we aim to prevent stressful and costly objection procedures. In the rare event of an unexpected UWV decision, our guarantee provides free, high-quality legal support throughout the entire objection procedure by our own legal department.
UwVerzuimregisseur: Your trusted partner in Dutch social security
Our team acts as your advocate and guide, protecting your interests every step of the way. With a track record of successfully helping over 400 individuals, we understand that unfamiliarity with Dutch law and the WIA application can lead to stress. That’s why having a professional by your side who truly understands the Dutch social security system is so important. We provide support with all aspects of disability benefits, including guidance through the WIA process and interactions with the UWV.
Take the first step towards peace of mind
We know that navigating this period can be incredibly stressful, but with expert guidance, you can gain peace of mind and significantly increase your chances of a smooth procedure with the UWV.
Let us help you understand your options and ensure your rights to disability benefits are fully protected.