{"id":6039,"date":"2025-07-11T07:13:05","date_gmt":"2025-07-11T04:13:05","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/partial-layoff-due-to-illness-when-are-you-entitled-to-compensation\/"},"modified":"2026-08-16T15:46:25","modified_gmt":"2026-08-16T12:46:25","slug":"partial-layoff-due-to-illness-when-are-you-entitled-to-compensation","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/partial-layoff-due-to-illness-when-are-you-entitled-to-compensation\/","title":{"rendered":"Partial Layoff Due to Illness: When Are You Entitled to Compensation?"},"content":{"rendered":"\n

Partial Layoff Due to Illness: When Are You Entitled to Compensation?<\/strong><\/h4>\n\n

Since 2020, employers have been able to receive compensation from the UWV, under certain conditions, for transition payments made to employees on long-term sick leave. But what if the employment relationship is continued in a modified form or partially terminated before the end of the waiting period? In a recent ruling , the Central Appeals Tribunal (CRvB) provided <\/a>further clarity on this matter. <\/p>\n\n

The Case: Changes to the Employment Contract in the Event of Long-Term Work Disability<\/strong><\/h4>\n\n

In the case at hand, an employee had reported sick in November 2017. During her return-to-work program, she performed suitable duties. As of October 1, 2019, her position was formally changed, but she remained employed by the same employer. Effective November 19, 2019\u2014exactly at the end of the two-year period\u2014her employment was substantially reduced from full-time to 0.6 FTE, because the employee began receiving a WGA benefit of 42.45% as of that date. In that context, the employer paid a transition allowance of over 26,000 euros and requested compensation from the UWV. <\/p>\n\n

The UWV rejected the application; the court ruled in favor of the employer<\/strong><\/h4>\n\n

The UWV refused to grant compensation because, in its view, the employment had been terminated before the end of the waiting period. The court initially agreed with this, but on appeal, the CRvB ruled otherwise. The Council held that the employment relationship had not been terminated on October 1, 2019, but had continued in a modified form. Dismissal did not occur until November 19, 2019, when the scope of employment was structurally and substantially reduced. <\/p>\n\n

Partial Dismissal and the \u201cKolom Ruling\u201d<\/strong><\/h4>\n\n

In its ruling, the CRvB refers to the so-called Kolom decision<\/a> of the Supreme Court. It follows from this ruling that a partial termination of the employment contract is possible when the working hours are permanently reduced by at least 20%, for example due to partial incapacity for work or illness. In this case, the reduction was from 1.0 to 0.6 FTE. This satisfied the conditions for a partial termination of employment and, consequently, the conditions for compensation. <\/p>\n\n

Practical Tips for Employers<\/strong><\/h4>\n\n

This ruling highlights how important it is to handle data and wording in settlement agreements with care when dealing with employees on long-term sick leave. If the employment relationship is modified or terminated too early, compensation may be forfeited. Therefore, make sure that: <\/p>\n\n