1. Sick. The basic term
What does that mean?
"Sick" is the broadest term. An employee is considered "sick" as soon as he or she is unable to work, or unable to work fully, due to a medical condition. This can be anything: an infection, back pain, surgery, or mental health issues. The term does not specify the duration, severity, or cause.
Important: As an employer, you should never make a diagnosis. That is the company doctor’s job. The question “What’s wrong with him?” is not for you to answer. The question “What can he still do?” is, but you should answer that together with the company doctor.
EXAMPLE
Your employee Sanne calls in sick on Monday morning with back pain. She expects to be back on Thursday. You record the sick leave, inform her colleagues, and monitor the situation. After a week, Sanne is indeed back at work. In this case, there are no further obligations—the sick leave has been resolved. You were obligated to continue paying her wages, but only briefly and without further consequences.
What are your obligations?
As soon as an employee reports sick, your obligation to continue paying their wages begins. This obligation lasts for a maximum of 2 years. Under most collective bargaining agreements (CBAs), you pay 100% of the wages in the first year and 70% in the second year. If you are not covered by a CBA, the minimum is 70% for both years, but many employers pay more based on the terms of the employment contract.
In addition to continued pay, you also have a duty to assist with the employee’s return to work. That might sound like a lot for just a week of the flu, but in practice, for short-term Sickness Absence , it Sickness Absence means: staying in touch, recording the sick leave, and conducting a brief return-to-work meeting upon the employee’s return.
If there is a risk of long-term Sickness Absence , you Sickness Absence the company physician. A problem analysis is usually conducted around week 6, but in other situations no later than week 13. Your obligations then become more specific. Together with the employee, you draw up an Action Plan. This is not a mere formality: the UWV will assess afterward whether this plan was in place and whether you adhered to it.
sorted in a snap: Record Day 1. For short-term Sickness Absence: stay in touch and conduct a return-to-work interview. For Sickness Absence longer than 6 weeks: involve the company physician and draw up an Action Plan in week 8. These are not options; they are legal obligations under the Wet Verbetering Poortwachter.
2. Unable to work. After 2 years
What does that mean?
After two years, the UWV will determine whether the individual is eligible for WIA disability benefits
That status only applies if an employee is still unable to work (full-time) after two years of illness. At that point, your obligation to continue paying wages ends, and the UWV will assess whether the employee is eligible for WIA benefits: the Work and Income according to Labor Capacity Act.
The WIA comprises two schemes:
WGA (Return to Work Scheme for Partially Disabled Persons). This is for employees who are still able to work part-time. They receive benefits that partially compensate for their loss of earning capacity, and the obligation to facilitate their return to work remains in effect—including for you as the employer—as long as the employment contract is still in force.
IVA (Income Support for Persons with Total Work Disability). This is for employees who are permanently and completely unable to work. The benefit is higher (75% of the daily wage), and there is no longer a requirement for reintegration. In most cases, the employment relationship is terminated.
Example:
Your employee Marco has undergone major back surgery. After two years, he is still not fully able to work. He can perform light work for a maximum of four hours a day. The UWV has granted him WGA benefits. Because his employment contract is still in effect, you, as the employer, remain obligated to offer him suitable work. If you fail to do so, his benefits will be reduced, and you risk a wage penalty.
What does this mean for you as an employer?
In principle, your obligation to continue paying wages ends after two years. But there’s a major pitfall that many employers don’t realize until it’s too late: the wage penalty.
If, during the WIA assessment, the UWV determines that you have not properly fulfilled your reintegration obligations over the past two years—for example, if you have had insufficient contact, have no or an incomplete Action Plan, or have been offered insufficient suitable work—the UWV may require you to continue paying your wages for up to one additional year. In that case, the UWV will extend the continued wage payment and reintegration obligations, and the WIA assessment will be postponed.
The costs to you could amount to tens of thousands of euros.
Please note: Start preparing your WIA application after 1.5 years of illness, in consultation with the company doctor. If you wait until the 24th month, you’ll run out of time and put yourself at risk.
3. Burnout: The Diagnosis That Complicates Everything
What is burnout from a medical perspective?
Burnout is not an official psychiatric diagnosis in the DSM-5, but in the Netherlands it is recognized as a severe form of stress or adjustment disorder with exhaustion as its core symptom. The company physician or family doctor makes the diagnosis based on symptoms such as extreme fatigue, impaired concentration, emotional exhaustion, and detachment from work.
Legally speaking, burnout is simply classified as “sick leave.” The same rules apply, and the same obligations apply. And yet, in practice, things are different for a number of reasons.
Why is burnout more complicated than other illnesses?
First, recovery takes longer. While the recovery process for the flu or a broken leg is fairly predictable, this is not the case with burnout. On average, full recovery takes 6 to 12 months, but cases lasting 18 or even 24 months are not uncommon. This makes planning more difficult and increases the financial impact.
Second, the cause lies partly in the work itself. When it comes to stress-related symptoms, work-related factors, personal factors, and individual factors can all play a role.
This makes the return-to-work process more challenging: the employee must return to the very place where they became ill.
Third, there is a greater risk of a strained working relationship. In cases of burnout, frustrations and unresolved tensions have often been present for some time. The course of the illness brings these to the surface. Many employers only realize how deep the problems run when an employee takes a long-term sick leave.
Example
Your employee Fatima has been working hard as a project manager for years. She has never complained, but one day she calls in sick, citing extreme fatigue and difficulty concentrating. The company doctor diagnoses burnout. After three months, she cautiously begins her return to work. She works two hours a day on modified tasks. But when you suggest putting her back on the same project as before, she refuses. Based on her capacity, the company doctor recommends steps to promote recovery.
If you don't follow that advice, you'll slow down your recovery and increase the likelihood of a wage penalty.
What does this mean for you as an employer?
Just like with any other illness: continue paying wages and facilitate a return to work. But there are three additional points to consider.
Don’t fall into the trap of making assumptions. As an employer, you may be tempted to think, “She looks fine” or “It probably isn’t that bad.” But it is the company doctor who determines the employee’s ability to work, not you. Pressuring an employee to recover quickly is counterproductive and legally risky. If the employee ends up taking time off as a result, you could be held liable.
Keep an up-to-date record of your return-to-work process. Especially in cases involving mental health issues, the UWV will assess afterward whether you have done enough. An incomplete record (few contact moments, no documentation, no offer of modified work) is a surefire way to face a wage penalty.
Also consider the working conditions. If the burnout is work-related, there’s a good chance that returning to the same situation will lead to another breakdown. The company doctor will advise you to make adjustments. Take that advice seriously—not just for the employee, but for your other staff as well.
Example: Avoiding a wage penalty
Employer Jeroen has an employee suffering from burnout. He continues to pay the employee’s wages without issue, but has not drawn up an Action Plan, has barely spoken to the employee, and has not offered an adapted position. After two years, the UWV reviews the case. Conclusion: insufficient reintegration efforts. Jeroen is hit with a 12-month wage penalty. That amounts to over €30,000 in additional wage costs for an employee who isn’t even working. Had Jeroen Occupational Health Service an Occupational Health Service , this could have been avoided.
hassle-free: Involve the company doctor early on. They will assess the employee’s capacity for work, monitor the return-to-work process, and advise you on accommodations. This way, you won’t be on your own, and you’ll be following legal procedures.
