Arbeidsadvocaat.nl

Arbeidsadvocaat.nl is a nationwide innovative law firm that combines specialized knowledge with digital solutions to provide employers and employees with accessible and efficient advice.

What are the rights of employees during illness?

Your rights listed:

  • If you're sick you can call in sick, you don't have to tell your employer the reason for calling in sick, and they're not actually allowed to ask about it under privacy rules.
  • Your employer must accept your sick report. Assessing whether you are unfit for work is reserved for the company doctor or occupational health physician.
  • You are entitled to 2 years of wage payment during illness. If your employer fails in the reintegration process, UWV can even extend this period to 3 years.
  • You must be paid at least 70% of your salary, with the legal minimum wage being the lower limit for the first year. Often, under your employment contract or collective bargaining agreement, you may receive a higher percentage or even your full salary.
  • During illness, you simply accrue vacation days and - if it does not interfere with your recovery - you can simply take a vacation with the permission of your employer and/or company doctor.
  • There is a ban on dismissal during illness, which is fairly absolute, for example, during reorganizations.
  • You have the right to have your employer carefully implement the reintegration process. In the first year, the basic principle is that you return to your own job. In the second year, reintegration within another business unit or with another employer may come up for discussion. This is reintegration in the second track.
  • If you disagree with the company doctor, you can ask for a second opinion from another company doctor. Does a dispute arise about reintegration? For example about what work is or is not appropriate? Ask to consult a mediator to discuss this in a safe setting. With a difference of opinion about reintegration you can also ask for an independent expert opinion at the UWV. This costs €100.
  • After 2 years of illness, you may be eligible for WIA benefits.

This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.

Arbeidsadvocaat.nl is happy to think with you if you have any questions about this. Please feel free to get in touch.  

June 2024