Illness and burnout

Should you become ill and be unable to work, a variety of problems and obligations arise, both for you as an employee and for your employer.

From the first day of sickness, it is very important that you and your employer strictly follow the applicable regulations. If either of you do not follow these procedures, you could be fined.

Assessment of illness and burnout

In general, if you are sick for longer than 1 week, then the company doctor (“bedrijfarts”) will be called upon. It is this company doctor alone, not the employer’s doctor nor your own personal doctor, who will assess whether you are unable to work due to sickness.

Reintegration

If your sickness persists, then you and your employer must draw up a plan of action to reintegrate you in your job. Getting you back to work is the joint goal of both you and your employer.

Are you not able to carry out your own work, but you are able to carry out other work? Then both parties must accept that you will be offered “suitable work” by the employer. You may be reintegrated in the employer’s company itself or outside it.

Salary

If you are not able to carry out the work that has been negotiated as a result of your sickness, your employer is obliged to continue to pay you 77% of your salary during the first 104 weeks of sickness.

Termination and dismissal

Your employer may not terminate your employment or dismiss you via UVW procedure during this period (the first 104 weeks of sickness).

If you are still not able to resume your former job after 104 weeks of sickness, then your employer’s obligation to continue to pay your salary comes to an end. In that case, the employer can ask the UWV for permission to terminate your employment agreement.

Get help you can trust

GMW lawyers has a team of experts in employment law who can advise you about your rights, obligations, and the applicable processes to follow.

If you need help with issues regarding illness and burnout, please contact us for further information.

Lawyers

Amber Willemsen

Godelijn Boonman

Koen Vermeulen

Prof. Hans van Meerten

Roos van Zaltbommel

Seliz Demirci

All lawyers

Looking for an employment law lawyer in The Hague?

GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.

Do you have a question? Please feel free to contact us.

"*" indicates required fields

24 July 2024

Whistleblower protection: no nonsense!

Whistleblowers are indeed protected from dismissal. What does this mean in practice?

22 July 2024

Getting started with the future of pensions act as works council

In this article, we provide some practical tips for the Works Council to have control over the complex pension dossier for the company and employees.

Vakantiedagen tijdens ziekte afboeken van saldo of niet

8 July 2024

Vacation days during illness: deducting from balance or not?

A sick employee accrues vacation days in a normal manner. But does a sick employee always have to take days off when going on vacation?

26 June 2024

Do you require assistance with an employment dispute?

Are you currently facing or anticipating an employment conflict? Employment conflicts can emerge in any workplace. Typically, such disputes can be resolved amicably.

19 June 2024

Making progress on the pay gap

Equal pay for men and women is a fundamental European right. In practice, however, there is a big difference between men's and women's pay. There are currently initiatives to reduce the pay gap through legislation in both the Netherlands and Europe.

17 June 2024

The Works Council in 2024

Companies with 50 or more employees are required by law to have a Works Council. In December 2023, the Minister reported that only 69% of such companies have established a Works Council.

27 May 2024

A second trial period: is that possible?

Many employers are in the understanding that a trial period can only be validly agreed upon in the first employment contract with the employee. However, this is not always the case.

13 May 2024

End of employment due to restructuring

You have your own business and employ up to 50 people. Unfortunately, for business economic reasons, you are forced to restructure and lay off some employees.

1 May 2024

The redeployment condition: what can be expected from your employer?

An employment agreement can, in principle, only be terminated if the following conditions have been met: