Occupational disability, illness & social security

What do I need to think about if my employee falls ill? How much salary must I continue to pay? What can I do to help my employee recover?

Obligations in relation to sickness absence

If an employee is incapacitated for work due to illness, the employer has to take various aspects into account, including:

  • Prevention of absenteeism and preventive policy
  • Sickness absence management
  • Sickness absence protocol
  • Engaging a company doctor and contacts with the company doctor
  • Promoting the employee’s return to work
  • Continued salary payment in the event of illness
  • Suspension or discontinuation of salary
  • Possible UWV salary sanctions
  • Dismissal due to illness

Privacy aspects also play a role, such as which questions the employer may or may not ask the employee who is ill. What information may or may not be processed by the employer?

Self-insurance

As an own-risk carrier (for the Return to Work (Partially Disabled Persons) Scheme (WGA) or the Sickness Benefits Act), you as an employer bear the risk of incapacity for work of your (former) employees. The benefits and costs of the reintegration to work are at your expense.

Costs

As an own-risk carrier, you pay less in invalidity insurance contributions, but you will have more responsibilities and obligations.

Objections and appeals

Own-risk carriers under the Sickness Benefits Act prepare decisions of the Employee Insurance Agency (UWV). Objections and appeals may be lodged against these decisions. Both the former employee and the own-risk carrier are interested parties. The own-risk carrier under the Return to Work (Partially Disabled Persons) Scheme (WGA) has the power to impose far-reaching measures.

Want to know more?

Do you have questions concerning an employee who has fallen ill? Or are you considering becoming an own-risk carrier and do you need help with one or more procedures? Please feel free to contact us. We will be happy to help you.