If you are not able to work because of illness, you do not want to be bothered by employment law issues. However we very often see tensions increase between employer and employee in case of illness. Make sure you are informed in time on this complex issue to prevent problems.
The obligation to pay wages
If you are ill your employer has to pay 70% of your wages, related to the maximum daily wage, for two years. This percentage may be higher if laid down in a collective labour agreement (cao) or individual employment agreement.
If your employer insufficiently helps you in your reintegration this period of paying wages can be lengthened.
Getting back to work
Both you and your employer have the obligation to reintegrate. Your employer will have to do everything to make your return possible in your own or similar job. If this is not possible your employer has to look for possibilities outside the company. If you do not properly fulfill this obligation of reintegration this may mean your employer may stop paying wages.
Disagree with company doctor?
If you disagree with the appointed company doctor about your illness or your capability to do work you may ask for a second opinion at the UWV. An independent specialist will have a look at your situation.
Ending your employment contract during illness
Although we often see the relationship change between employer and employee during a period of illness you have to be careful in agreeing upon a proposal to end your employment contract. In general you are not entitled to unemployment benefits or sickness benefits.
Before signing any settlement agreement be advised by an employment law specialist. The rules related to illness and the incapacity to work are complex and continually changing. Be properly advised in order to prevent problems.