Work and Income (test year 2)

Now that you've been ill for an extended period, you'll need to have all sorts of conversations about work. These conversations will be with your company doctor, the insurance doctor and occupational health and safety expert from the UWV (Employee Insurance Agency), or a reintegration advisor. These conversations are important for you. So prepare well for them and bring someone with you. Together, you'll hear and remember more than alone. Tell them how you feel and what you can and can't do. And that this varies from day to day. Don't pretend to be better than you feel.

Make sure you know who you're meeting with and what the purpose of the meeting is. If you're unsure, ask the person you're meeting with. The videos below explain how to conduct work-related conversations and how the meeting with the occupational health physician will proceed:

To give a good idea of ​​how you're doing, create a daily journal. This journal describes in detail how your days unfold. You write down what you can and can't do, and how much energy each activity requires. Use this daily journal in discussions about work, for example, with the occupational health physician, who will use it to accurately assess your resilience. It fosters a better understanding of your situation and helps you with your reintegration process, enabling you to return to work.

In order to resume your work, you want to work on your recovery. Because the symptoms of Long COVID are erratic and differ from person to person, this is not always easy. It requires a customized approach. Your company doctor or insurance doctor will help you with this.

Your complaints limit your energy while recovery requires a lot of your energy. Company doctor Ernst Jurgens explains what recovery time is and what you can do to support your recovery.

Occupational therapist Edith Brocken gives tips on how to deal with the limited energy when returning to work. Make a plan and involve your environment. Make smart choices about what to spend your limited energy on.

When you've called in sick, you and your employer will take steps to ensure you can return to work. This is called reintegration. The rules for this are outlined in the Gatekeeper Improvement Act. Together with your employer, you'll try to keep your absence as short as possible and expedite your reintegration. The image shows all the steps and who plays what role.

NB: Temporary employees who leave their jobs while ill or whose employers are self-insured are subject to rights and obligations under the Sickness Benefits Act. (Add link)

Roles within the Gatekeeper Improvement Act:

• De employee Collaborates with all steps necessary to return to work: action plan, first-year evaluation, and discussions with the company doctor and case manager or absence counselor.
• De employer has a duty of care and must actively work on reintegration from the first day of illness.
• De working conditions service Supports employers in complying with the obligations under the Gatekeeper Improvement Act. The company doctor is usually employed by this organization.
• De occupational physician is a medical expert who assesses what the employee can (still) do despite the health complaints.
• De case manager or absence counselor monitors the reintegration process and often acts as the link between employee, employer, and occupational health physician. The manager, an HR representative, or an occupational health and safety service provider can fulfill the role of case manager.
• The program reintegration company or reintegration coach is a specialized external party that provides assistance with returning to work, within or outside your own company.
• The program UWV monitors compliance with the Gatekeeper Improvement Act and decides on WIA applications.
• De insurance doctor is employed by the UWV (Employee Insurance Agency) and assesses a person's medical capabilities. The medical examiner conducts the WIA assessment.
• De occupational expert is employed by the UWV (Employee Insurance Agency). The occupational expert combines medical information with workload and assesses whether and what suitable work someone can do, and what their earning capacity is.

At the end of the first year, the first-year evaluation is completed. In the second year, you follow the steps you agreed upon with your employer and occupational health physician. In week 78, you and your employer prepare the final evaluation of the action plan. This includes the occupational health physician's latest analysis ('current assessment'). If you are unable to return to work within two years, you will need these documents for your WIA (Work and Income according to Capacity for Work) application.

Track 1 and 2

In principle, you will return to your employer. This is called reintegration track 1. Adjustments to your current role or workplace may be necessary, otherwise you will need to look for a position that better suits your limitations. Your employer will assist you with this. Reintegration track 1 begins immediately after you report sick and runs until the end of your employment.

If returning to your current employer is not possible, reintegration with another employer may be possible. This is called reintegration track 2. In this case, too, your employer will help you find a suitable position. Track 2 usually starts within six weeks of the first-year evaluation and lasts until the end of continued salary payments. More information can be found on the website of UWV.

WIA application

Have you and your employer done everything possible but are you unable to return to work? Then you can apply for a refund between weeks 88 and 93. WIA application WIA stands for Work and Income (Capacity for Work) Act. The UWV (Employee Insurance Agency) implements this law. The WIA is intended for people who are unable to work or are less able to work after two years of illness. The UWV assesses whether sufficient efforts have been made to facilitate your reintegration and assesses the degree of incapacity for work. This determines your entitlement to benefits, the type of benefit, and how long you will receive it.

You will receive your WIA assessment after two years of illness. Unfortunately, it is currently taking longer due to increasing waiting times at the UWV (Employee Insurance Agency). This means you will experience a period of uncertainty. This can last for weeks or even months. You can request an advance payment so that you don't end up without an income.

Saying goodbye to work

Dismissal within 2 years of illness

Your employer is not allowed to dismiss you within two years of illness. If this does happen, do not agree to your dismissal. You can file an objection with the Employee Insurance Agency (UWV). Ask for assistance from a legal aid clinic, the Legal Desk, or your union. Make use of your legal expenses insurance.

Dismissal after 2 years of illness

If you have been ill for two years, your employer may dismiss you. A dismissal permit from the Employee Insurance Agency (UWV) is required for this. The employer can apply for this even if the WIA application has not yet been processed. If the UWV grants the dismissal permit, your salary will stop. You can then request an advance payment until the UWV has assessed your WIA application. You are entitled to a transition payment. You can calculate the amount of the transition payment using this calculation tool

Settlement Agreement (SSA)

You can also decide to separate with your employer by mutual consent. In this case, you both agree to the termination of your employment. Together, you draft a settlement or termination agreement (VSO) that includes agreements on severance pay, notice period, and vacation pay. Have this agreement reviewed by a lawyer.

Wages or Sickness Benefits Act benefit

• Salaried employment: In the second year after your sick leave, you will receive 70% of your salary. Check your contract or collective labor agreement (CLA) for this. The statutory minimum wage applies as a lower limit.
• Temporary contractYou will receive sickness benefits for a maximum of two years. The amount and duration of the benefit depend on your degree of work capacity. This is determined at the end of the first year of illness during the First-Year Sickness Benefits Act assessment by the UWV (see year 1).

Early WIA application

If, at the beginning of the second year, your situation becomes so serious that returning to work is impossible, you can apply for an early WIA benefit. A statement from the company doctor or insurance physician is required for this. Thisearly IVA' is possible up to 68 weeks of illness.

60+ scheme

Currently, a simplified WIA assessment applies to people who turn 60 after two years of illness. If both the employee and employer agree to this, no assessment by the insurance physician takes place. The employee receives a WGA 80-100 benefit until they reach the state pension age. The employer does not cover the costs, even if they are self-insured.

Work less

If you decide to work fewer hours, this will affect your salary as well as your future WIA benefits. The UWV (Employee Insurance Agency) will consider your last earned salary. Therefore, don't simply agree to adjusting your employment contract.

Wage penalty 

If the UWV determines during its WIA assessment that your employer has not done enough to facilitate your reintegration, it may impose a wage sanction. The employer must then continue paying your wages for up to one year (maximum three years in total). In this case, the WIA application will be postponed.

Wage freeze or benefit reduction

Make sure you cooperate fully with your reintegration. If the UWV (Employee Insurance Agency) deems this insufficient, you may receive a temporary wage freeze or a reduction in your WIA (Work and Income according to Labour Capacity Act) benefits.

If you remain sick for an extended period, you will normally contact your occupational health physician every six weeks. Together, you will explore the options for gradually returning to work. Are conversations with your occupational health physician, insurance doctor, employer, or colleagues proving difficult? Are you experiencing misunderstandings or pressure? Contact your Aftercare Advisor for support. You can also contact them for personalized advice if your situation requires it.