1. Sick. The basic term
What does that mean?
"Being sick" is the broadest term. An employee reports sick as soon as he or she is unable to work (full-time) due to a medical condition. This could be anything: an infection, back pain, surgery, or mental health issues. The term does not indicate how long or how serious the condition is.
What does this mean for you as an employer?
As soon as an employee reports sick, your obligation to continue paying their wages begins. This obligation lasts for a maximum of two years. Under most collective bargaining agreements, you pay 100% of the wages in the first year and 70% in the second year. At the same time, you are required to initiate a return-to-work program, regardless of how soon the employee is expected to recover.
sorted in a snap: Record Day 1, complete the online form, involve Sickness Absence company doctor in cases of long-term Sickness Absence , and draw up an Action Plan within 8 weeks of the sick leave notification. This isn’t a choice—it’s a legal requirement.
2. Unable to work. After 2 years
What does that mean?
"Unfit for work" is an official status granted by the UWV. This status is only granted if an employee is still unable to work (full-time) after two years of illness. At that point, the UWV assesses the extent to which the individual is still able to work, and the WIA comes into play: the Work and Income according to Labor Capacity Act.
The WIA comprises two schemes:
WGA (Return to Work Scheme for Partially Disabled Persons). For employees who are still able to work part-time. They receive benefits and can continue to work (part-time).
IVA (Income Support for Persons with Total Work Disability). For employees who are permanently unable to work. The benefit amount is higher, and there is no longer a requirement to participate in a return-to-work program.
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: if the UWV determines that you haven’t properly fulfilled your reintegration obligations, it can require you to continue paying wages for another year. This is called a wage penalty. It can amount to tens of thousands of euros. That is a serious blow for an SME. We are happy to help prevent that wage penalty through the use of our occupational health and safety services.
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 does that mean?
Burnout is not a legal term; it is a diagnosis. A general practitioner or occupational physician determines that someone is suffering from severe stress or mental exhaustion as a result of prolonged overwork. Legally speaking, burnout is simply classified as “sickness.” The same rules apply, and the same obligations apply.
And yet, it’s different. Recovery from burnout takes an average of 6 to 12 months, sometimes longer. The cause often lies (in part) in the work itself. That makes reintegration both more sensitive and more complex.
What does this mean for you as an employer?
The same obligation to continue paying wages as with any other illness. But there are some additional points to keep in mind that you really don’t want to overlook:
Reintegration starts with an accurate assessment of the employee’s capacity for work. That’s the company doctor’s job, not yours. Involve him or her early on. Don’t try to assess your employee yourself or dictate the pace of their recovery. That’s counterproductive and can slow down the reintegration process.
If the burnout was partly caused by working conditions (high workload, conflict, reorganization), there is an increased risk of a wage penalty if you fail to properly fulfill your obligation to facilitate the employee’s return to work. In extreme cases, the employee may also file a claim for damages.
hassle-free: Involve the company doctor early on. They will assess the employee’s capacity for work, monitor the process, and advise you. That way, you won’t be on your own, and you’ll be doing things the right way legally.
