Illness and reintegration

On long-term sick leave or unfit for work? Strict rules apply regarding illness and rehabilitation for both employee and employer. Arbeidsjurist Eindhoven can help you take the right steps, from continued wage payments and the Gatekeeper Improvement Act (Wet verbetering poortwachter) to rehabilitation and potential dismissal after 2 years of illness.

Understand precisely your rights and responsibilities when you are unwell.
Avoid a wage sanction or unnecessary conflict with timely advice.
Help with a settlement agreement or transition payment after 2 years of illness.

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Your rights and responsibilities when you are ill

During illness, the employer has an obligation to continue paying wages for up to 104 weeks (2 years). In return, there are obligations to cooperate with recovery and reintegration. Employer and employee must follow the reintegration process together under the Gatekeeper Improvement Act.

Continued payment of wages (usually 70%, often higher in the first year)
Plan of action and periodic evaluations
Involvement of a company doctor and (if progress stalls) the UWV

Reintegration: track 1 and track 2

Reintegration begins with a return to your own or adapted work at your current employer (path 1). If that isn't feasible, reintegration with a different employer is considered (path 2). An insufficient reintegration effort can lead to a wage penalty for the employer (an additional year of continued wage payment).

We assess whether the process is running correctly and what your position is, as an employee or as an employer.

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Frequently asked questions about illness and reintegration

Answers to frequently asked questions by employees and employers.

How long am I entitled to continued payment of wages during illness?

In principle, up to 104 weeks (2 years). The amount is usually at least 70% of your wage; often more in the first year, depending on your collective labour agreement (CLA) or contract.

The Gatekeeper Improvement Act is a piece of legislation designed to enhance the regulation of large technology companies, often referred to as "gatekeepers," which have significant control over online services and markets.

This act outlines the steps employers and employees must take together to promote reintegration, with fixed milestones such as the action plan and the first-year review.

A wage sanction is a penalty applied by a court or a government agency that reduces a person's wages. This can happen for various reasons, such as unpaid child support, outstanding taxes, or as part of a criminal sentence. The deducted amount is then sent to a specific recipient, like a child support agency or the tax authorities.

If the UWV finds that the employer has done too little on reintegration, it can extend the continued payment of wages by up to a year.

Am I entitled to a transition payment after 2 years of illness?

Yes. Upon dismissal after long-term incapacity for work there is a right to the transition payment; the employer can apply for compensation from the UWV.

May I sign a settlement agreement while I am ill?

Be careful: signing whilst ill can affect your WW and ZW (sickness benefit) rights. Always have the agreement checked by us first.

Illness and reintegration

Your rights and responsibilities when you are ill

Reintegration: track 1 and track 2

Frequently asked questions about illness and reintegration

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