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

22 November 2023

Small hearts, big consequences

Since the MeToo movement in 2017, the number of court rulings involving sexually transgressive behaviour has increased exponentially.

20 November 2023

Work wherever you want in 2023?!

The corona pandemic has been behind us for a while now. A period when working from home or elsewhere than in the workplace was the norm.

2 October 2023

The new study costs clause

Since 1 August 2022, employers may no longer charge employees for the cost of certain training and education through a study cost clause.

20 September 2023

Adaptation of whistleblowers’ scheme to new law

Adaptation of whistleblowers' scheme to new law; employers will be required to adapt internal whistleblower reporting procedures and whistleblowing employees will have increased protection from measures under employment law.

2 August 2023

Daylight robbery

People have been working from home en masse since the corona pandemic and, contrary to the expectations of some labour market experts, there seems to be no change in this trend. This is hardly surprising as working from home can have benefits for both employers and employees.

26 June 2023

The non-compete clause: is there something you can do?

Most permanent employment contracts include a non-compete clause. This clause determines that you are not allowed to work for a competing company for a certain period of time within a certain region.

19 June 2023

Performance Improvement Plan: 5 key points to consider

Termination of the employment agreement due to unsatisfactory performance is possible under Dutch employment law.

9 June 2023

A damaged working relationship

It can happen in the best of organisations: an employee and a manager cannot get along. Tensions in the workplace can escalate quickly, negatively affecting the working atmosphere within the department.

24 April 2023

Working from home: right or privilege?

Before the Pandemic, working from home was not facilitated by all employers. During the Pandemic, we proved altogether that (long-term) working from home and/or working at a different location than the office can work very well.