Three major irritations in the event of employee sickness

The legislative proposal Measures continued payment of wages in case of illness and WIA aims to make the obligations for employers and employees in case of illness easier, clearer and cheaper. Three major hurdles will be addressed: Continued payment of wages for two years in the event of sickness, the UWV doctor who overrules the company doctors, and a lowering of WIA benefits if the employee starts working.

The legislative proposal Measures continued payment of wages in case of illness and WIA aims to make the obligations for employers and employees in case of illness easier, clearer and cheaper. Three major hurdles will be addressed:

1. The employer’s requirement to continue to pay at least 70% of the wages during the first two years of employee sickness.
2. The risk that the UWV doctor gives a different opinion than the company doctor about the employee’s incapacity for work. The employer then runs the risk of having to continue paying wages for another year.
3. The WIA beneficiary who starts working will be punished for this by lowering his incapacity for work percentage and thus his benefit.

1. Compensation for continued payment of wages in the event of sickness

Employers are required to continue to pay a sick employee at least 70% of the wages during the first to years of sickness. This can be particularly burdensome for small employers with fewer than 25 employees. The legislative proposal provides for a financial subsidy to the continued wage payment costs for all employers, a total amount of EUR 450 million per year. This will be in the form of a reduction in contributions by 1 January 2021. The aim is to replace this reduction in contributions by 2024 at the latest with a differentiated Incapacity for Work Fund premium. Smaller employers will then pay a lower premium than large employers.

2. The advice of the company doctor as leading advice

Currently, an employer following the advice of the company doctor might be subject to a wage sanction. After all, the UWV does not have to agree with the opinion of the company doctor when assessing the reintegration obligations after two years of illness. The legislative proposal means that the advice of the company doctor regarding the workload capacity of the employee as of 1 January 2021 will be leading in the reintegration assessment by the UWV. Wage sanctions as a result of a medical difference of opinion between the company doctor and the UWV doctor will then no longer occur.

3. No reduction of the WIA benefits due to income

Currently, WIA benefits are reduced if the person entitled to the benefits receives income from work. This constitutes a barrier for WIA beneficiaries to resume work. The legislative proposal aims that as of 1 July 2020, the WIA benefits will not be reduced for five years because of income. In this way, WIA beneficiaries will be stimulated to resume work.

More information

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