Long term sick leave

If you are in employment and you are off work sick for a lengthy period, for example due to a burn out, back problems, an occupational disease or an accident at work, your social security agency will undoubtedly discuss the situation with you (and with the occupational health service) regularly to see whether reintegration is possible. The agency will also involve the employer in these discussions. In spring 2002, the Dutch Eligibility for Permanent Invalidity Benefit (Restrictions) Act entered into force. The Act was amended on 1 January 2004 to add further restrictions. It places an obligation on both the employee and the employer to make efforts to ensure that work is resumed if at all possible. Going forward, the determining factor is the extent to which the employee is still able to carry out tasks despite the limitations he experiences.

If no effort or insufficient effort is made to achieve reintegration, this will have consequences, such as a reduction in salary, refusal of benefits either in full or in part or an obligation on the employer to continue to pay a sick employee’s salary for a longer period than usual.

Even in the last decade, court judgments were being issued showing that an employer is obliged to offer an employee who is incapacitated for work suitable work if at all possible. If no such suitable work is available, the employer is required to state this and prove it when applying for a dismissal permit.

It has now been clarified in court judgments and legislation that the suitable work that must be offered does not necessarily have to be at the same level as the position held by the employee before he became incapacitated for work. The employee is obliged to accept any work offered that he is reasonably able to carry out.

This basic principle means that the employer can often resolve (or clarify) a dispute by offering the employee suitable work. If the employee has become incapacitated for work due to a dispute at work then this will quickly become apparent.

Reintegration takes place in consultation with the occupational health service and the social security agency. However, the employer and employee concerned are not required to accept whatever the occupational health service and social security agency suggest. If they have doubts, they can have any decision by such bodies independently reviewed. For example, a second opinion can generally be obtained on medical issues. The employer, as a party with a direct interest, is also entitled to object or appeal against the assessment of the employee’s degree of incapacity to work. However, following the correct procedure is an administrative law minefield.

You can obtain more information about the Eligibility for Permanent Invalidity Benefit (Restrictions) Act and the Reintegration Plan on the website of the social security agencies. The website also allows you to download useful tools, such as forms and guidelines. Click here to open the website. Your browser will open the website in a new window, enabling you to return to this site easily at any time.