Wage Continuation Period in Westland

Wage Continuation Period in Westland

The wage continuation period covers a maximum of 104 weeks during which employers in Westland must continue paying wages in the event of employee illness. This provides financial protection, particularly in sectors like greenhouse horticulture, and promotes reintegration. At the end, a WIA assessment by the UWV usually follows.

What does the wage continuation period mean for people in Westland?

If you fall ill in Westland, as an employee you are entitled to continued wage payment by your employer for up to two years (104 weeks). This protects against income loss and encourages your return to work, for example in greenhouses or logistics. The employer not only continues paying but also actively supports your recovery.

This statutory arrangement applies to all employees with a contract in Westland, unless a collective bargaining agreement (CBA) states otherwise. Self-employed individuals in the area, such as freelancers in horticulture, must arrange their own insurance.

Legal basis

The core provision is set out in Article 7:629 of the Dutch Civil Code (BW): employers in Westland must continue paying wages during illness, unless the employee is at fault. In case of illness, the employer bears the costs.

Additional rules include:

• Article 7:630 BW: Details on the wage amount.
• Gatekeeper Improvement Act: Reintegration obligations, including an Action Plan.
• Article 7:658a BW: Penalties for non-compliance, such as wage suspension or dismissal.

CBAs in Westland, often in the agricultural sector, may offer more favorable terms but never less than the law requires. Check your CBA for local specifics.

Duration and amount of continued payment

The period is divided into two phases:

The daily wage is calculated based on the previous year, including allowances. Vacation days are not included.

What falls outside the 104 weeks?

Maternity leave pauses the clock, but probationary periods or dismissal count toward it.

Rights and obligations of employers and employees in Westland

For the employee

• Right to wages: Full entitlement under law or CBA.
• Right to assistance: Consultations with the occupational physician and reintegration support.
• Obligations: Report illness within 24 hours, cooperate with the plan, accept suitable work.

For the employer

• Right to verification: Check illness via occupational health service.
• Obligations: Handle illness reports, prepare Action Plan within 8 weeks, notify UWV for prolonged absence.

Breach? Approach the Rechtbank Westland. Employers risk UWV back payments up to 70% Sickness Benefits Act.

Practical examples from Westland

Example 1: Jan from Naaldwijk, greenhouse worker, out with burnout on January 1. Monthly gross salary €3,000: first year €2,100 (70%), second year the same (horticulture CBA). After 104 weeks, WGA via UWV.

Example 2: Marie from Poeldijk refuses adapted work. Employer suspends wages (Art. 7:629(3) BW). Court orders resumption.

Example 3: Short flu (2 weeks): Full pay, counts toward the period.

After the wage continuation period?

From week 91, the employer notifies the UWV for a WIA assessment: IVA, WGA, or nothing. More info: WIA arrangements WGA/IVA.

Frequently asked questions

Tips for people in Westland

1. Report illness in writing immediately.
2. Keep occupational health service letters.
3. Cooperate with reintegration, e.g., other greenhouse work.
4. Check payslips for daily wage.
5. For issues: Het Juridisch Loket Westland for free advice or Municipality of Westland for support.