First Year of Illness in Westland - Rights and Obligations
During the first year of illness, specific rules and obligations apply in Westland for both employers and employees, aimed at swift recovery and reintegration.
Obligations of the Employer
- Report illness to the occupational physician
- Have a problem analysis prepared (within 6 weeks)
- Prepare a reintegration plan (within 8 weeks)
- Offer suitable employment
- Continue paying at least 70% of the salary (often 100% depending on the collective labour agreement)
Obligations of the Employee
- Report illness in accordance with company rules
- Actively contribute to reintegration
- Comply with agreements with the occupational physician
- Accept adapted work
- Provide updates on the recovery process
First Day of Illness
The employer must immediately report the illness to the occupational health service or occupational physician in Westland.
Week 6: Problem Analysis
The occupational physician prepares an analysis of the situation, including prospects for recovery and work possibilities.
Week 8: Reintegration Plan
In consultation, the employer and employee draw up a plan for return to work, with clear steps and objectives.
Legal basis: [Gatekeeper Improvement Act](https://rechtshulpamsterdam.nl/encyclopedie/referteperiode-ww)
Frequently Asked Questions about Illness in Westland
What happens if I do not cooperate with reintegration?
If you refuse to cooperate without good reason, your employer may suspend your salary or request dismissal. This is legally possible under the term 'salary suspension'. Ensure clear communication and substantiation with medical documents.
Am I entitled to my full salary during illness?
Your employer is obliged to continue paying at least 70% of your salary in the first year, but this is often 100% depending on your contract or collective labour agreement. Check this carefully.
How quickly must I report illness?
This depends on your contract or company regulations, but usually it must be done on the first day, often before a fixed time (e.g. 9:00 a.m.). Follow the prescribed procedure to avoid problems.
What does the reintegration plan entail?
The plan describes specific actions for your return, such as adapted tasks, working hours or training. It contains agreements, objectives and deadlines, and must be signed by both parties.
Can I be dismissed during illness?
No, during the first year of illness, a dismissal ban applies. Dismissal due to illness is not permitted, except in cases of serious misconduct such as fraud or refusal to cooperate.