13 May 2026
As an employer, you may terminate the employment relationship with a sick employee after 104 weeks of sickness. This can be done via a settlement agreement or with a dismissal permit from the UWV. But when exactly can you apply for such a permit?
There is long-term incapacity for work if the employee has been unable for more than 104 weeks (or, in the event of a wage sanction imposed by the UWV, a maximum of 156 weeks) to perform their own work, with or without adjustments, and redeployment within the organisation is not possible. In that case, you as employer can request permission to dismiss the employee (commonly referred to as a dismissal permit). The employer must demonstrate that recovery within six months is not possible and that the employee cannot be redeployed.
Before the 104 weeks of incapacity have elapsed, a prohibition on termination applies. This means that, in principle, you as employer cannot terminate the employment contract with the sick employee and you are obliged to continue paying (at least 70% of) wages during that period. As mentioned, this 104-week period may be extended if the UWV imposes a wage sanction. The UWV will impose a wage sanction if it believes the employer has not done enough in the context of reintegration, and the wage payment obligation is then extended by a maximum of 52 weeks.
An employer can apply for a dismissal permit if the employee has been incapacitated for work for more than 104 weeks. It is important that you do not submit the application too early, i.e., not more than 8 weeks before the end of the 104-week period. Processing the application takes on average 4 weeks and the permit is then valid for 4 weeks. If the employer applies too early, the employer will receive the permit while the prohibition on termination still applies.
Please note: if you wish to submit the application before the expiry of 104 weeks of illness, it is important that the UWV has already carried out an RIV assessment. The dismissal permit is not intended to undo a possible wage sanction.
By law, an employment contract can only be terminated if it is plausible that the employee will not recover within 26 weeks and will also be unable to perform adjusted work during that period. It is up to the UWV to assess whether these conditions are met. To that end, the UWV asks the employer for a statement from the company doctor. This statement must answer the following questions:
• What are the employee’s current (medical) capabilities for resuming work?
• What is the prognosis for the next 26 weeks in the employee’s own position?
• What is the prognosis for the employee’s own work in adjusted form (for example, with adjustments to hours, schedule, or tasks)?
The company doctor’s statement enables the UWV to form a judgment about the employee’s future reintegration possibilities. This prevents dismissal being granted for an employee whose capabilities are likely to increase in the next 26 weeks.
In other words, the company doctor’s statement is an important document in the long-term incapacity procedure, because it provides insight into the employee’s medical situation and outlook. This helps the UWV assess whether dismissal is justified.
The dismissal procedure at the UWV is conducted in writing and takes on average 4 to 6 weeks. The key steps are:
Also, the employee is entitled to a severance payment, which must be paid within 1 month after the end of employment. The amount of the severance payment depends on the duration of the employee’s employment and their salary. This payment is intended to facilitate the transition to a new job.
In short, the dismissal procedure for long-term incapacity for work has specific legal requirements. If you have any questions about this, please contact us.
