Illness and reintegration
Often employer and employee do not know exactly what the rights and obligations are during long-term illness.
We provide insight into the most important issues to take into account.
Rights and obligations in the event of long-term illness
You are ill and that is very annoying. Does this mean you can’t work or only work part-time? The consequences for your income and reintegration depend on your situation. All previously discussed rights and obligations are laid down in the Gatekeeper Improvement Act. This law was established to reduce the number of long-term sick employees by intervening quickly and efficiently. All rights and obligations that employee and employer have in the event of illness are laid down in it. This includes matters such as drawing up an Action Plan (PoA) and keeping a reintegration file.
Reintegration obligations employer in case of illness
As an employer, you have a number of obligations when an employee is sick for a long time. You must make an effort to reintegrate the employee into your company. You do this, for example, by agreeing with the employee that he or she will work fewer hours or have a different set of tasks. You must also continue to pay at least 70% of the salary during the first two years. You may not dismiss an employee based on illness during the first two years. However, you may dismiss the employee for another reason.
Obligations of employees in case of illness
As an employee, you are entitled to at least 70% of your salary during the first two years of illness. An employer must therefore continue to pay you, even if you are not at work. Also, your employer may not dismiss you during the first two years of illness, unless there is another reason than the disease. Furthermore, you are obliged to make an effort to reintegrate.
How do we work?
We would like to get to know you, and of course you would like to know who we are. You can! We will find out soon enough whether we can offer you what you expect. Our employment lawyers are happy to welcome you for an initial consultation.
Legal advice is not a simple push of a button. It is the result of an accurate inventory of your wishes and possibilities. We will take the time to discuss all the important aspects with you. Our employment lawyers take the time for this during the first meeting. This meeting is completely non-committal. You are not tied down to anything!
If it is ‘ feels right’ and we can be of service to you, you will receive an appropriate proposal. We always base the advice on your goals and possibilities. We attach more importance to a realistic approach than to creating excessive expectations. Do you agree with this? Then we will actively start the counseling process. That is the starting point of our clear legal services.
From this moment on, we will take care of you. We dive into your employment issue from A to Z and ensure that it is handled quickly and properly. The active working method we use has proven itself amply. Feel free to take a look at our reviews on the internet.
Before, during and after the advisory process we are your point of contact. Our cooperation has resulted in satisfied customers for a long time now. We take that one extra step which makes the difference in many cases. Your case is in good hands with us.
Conflict during illness
Both employee and employer can request an expert opinion from the UWV when conflicts arise during the reintegration. It may happen that an employer believes that the employee is not making enough effort to reintegrate during illness. When the UWV agrees, an employer may impose sanctions, such as stopping the salary. It may also happen that an employee believes that the employer is not doing enough to reintegrate. Also then an expert opinion can be requested. If the UWV judges that the employee is right, the employer receives a wage penalty. This means that the time in which the wages must continue to be paid, will be extended. This is often a year or even longer.
Active for employees and businesses
Labor law advice
Do you have questions about your contract, rights or obligations? Want to know exactly what to look for when entering into a contract? Arbeidsjurist Eindhoven advises employees and employers when entering into an employment contract. We are also happy to assist you in the event of dismissal. No unpleasant surprises, but clear agreements.
