“A sick employee enjoys far-reaching protection. This entails a number of important obligations for the employer. Advice from a lawyer with extensive experience in the field of illness and reintegration is therefore essential”

Employers have a number of important obligations when it comes to employees who become incapacitated for work due to illness.

For example, an employer is required by law to continue to pay wages during illness. An employer must ensure that the employee reintegrates into work so that the employee can return to the work process in due course. An employer must be assisted in this by an occupational health service or company doctor. The sick employee is also expected to make every effort to reintegrate into work.

For both the employer and the employee, sanctions can be expected if these obligations are not met. A wage penalty can be imposed on an employer. An employee who does not meet his or her reintegration obligations can be denied the right to wages and in exceptional cases even be dismissed.

In principle, an employer can dismiss a sick employee after two years of incapacity for work. In that case, there is a dismissal due to long-term incapacity for work.

When it comes to illness, we help with:

  • advice on continued payment of wages in the event of illness. Is the sick employee entitled to continued payment of wages during illness? Exactly how much wage must be paid?
  • advice on the steps to be taken in an absenteeism file. Is the reintegration file in order? Is it useful to request an expert opinion from the UWV?
  • identifying the possibility of dismissal due to long-term incapacity for work. Have the reintegration obligations been met and what costs can be expected?
  • litigating dismissal due to long-term incapacity for work, for example by starting a dismissal procedure with the UWV or by challenging an announced dismissal
  • drawing up absenteeism regulations
  • advising on ‘dormant employment contracts’
  • assisting employers or employees with mediation processes, labor disputes and ‘situational incapacity for work’
  • conducting objection procedures against wage sanctions imposed by the UWV on employers
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Zilver Advocaten

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Illness and incapacity for work in practice

The health and safety doctor has given advice about the reintegration of a sick employee, what should an employer do now? What are ‘work-related factors’ and is there a question of incapacity for work due to illness? And can dismissal be made after 2 years of illness due to long-term incapacity for work?

On the basis of cases in which we advised, you can see exactly how our firm can be of service.

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