According to Dutch statutory law, during the first 104 weeks of illness/incapacity for work, the employee is entitled to at least 70% of the last earned salary, provided that during the first 52 weeks the entitlement is at least 100% of the statutory minimum wages.
The salary to be paid during illness/incapacity January 1, 2018 the maximum daily wages amount to € 209,26 gross per day including holiday allowance.
Employers may diverge from this rule and agree to pay more, for instance 100% of the last earned salary during the first year of illness and 70% the second year. In case a Collective Labor Agreement (‘CLA’) applies, the employer is often obliged to pay the employee a higher percentage than 70%.
After expiry of the two-year period of sickness the obligation to pay salary ends, unless the Employee Insurance Agency (In Dutch: ‘UWV’) beliefs the rehabilitation requirements of the employer (see hereunder) were below standard. In that case the employer risks the two-year period in which the employer is obliged to continue to pay salary to be extended with an extra 52 weeks.
The employer is, under circumstances, entitled to deviate from the general rule by observing a maximum of two so-called ‘waiting days’. These are the first two days of illness during which no salary has to be paid.
An employee could not be entitled to her or his salary, in case the illness has been caused deliberately or in case the employee does not (fully) cooperate with rehabilitation requirements.
During illness/incapacity employer and employee are obliged to do everything to make sure that the employee will become fit for work again as soon as possible.
In case of long-term illness/incapacity (longer than six weeks) specific rules apply. The sickness should be reported to the company doctor (hired by the employer), who will qualify and monitor the illness and/or incapacity of the employee. The employer should draft an action plan together with the employee on how to proceed, and there should be a periodic meeting with the employee and the company doctor to evaluate the status of the employees illness and/or incapacity to work. Furthermore, employers have to offer the employee suitable employment fitting the employees abilities. If no suitable employment is available within the company of the employer, it can be expected that the employer seeks (and funds) employment elsewhere and provides for outplacement.
In general, under Dutch law, during the first 104 weeks of illness/incapacity for work there is a prohibition against termination of employment. This is a very strict rule (for the reason of protecting the employee) with only a few circumstances in which deviation from this rule is possible. Insufficient cooperation with rehabilitation requirements may serve as a ground for termination.
To improve the functioning of occupational healthcare and to further reduce or prevent absenteeism of employees, the recently adapted statutory Dutch Working Conditions Act contains the following rules and regulations:
In connection with these rules and regulations updated sickness absence regulations are essential.