Sickness Benefits for Flex Workers and Temporary Agency Workers in Westland
The Sickness Benefits Act (Ziektewet, ZW) forms an important safety net for employees in Westland who become ill and have no employer who continues to pay their wages. This is particularly relevant for flex workers, temporary agency workers and people with a temporary contract that expires.
Who is Eligible for Sickness Benefits?
In Westland you can apply for a sickness benefit if you meet one of the following conditions:
- Your temporary employment contract ends while you are ill
- You work as a temporary agency worker and become ill
- You are an on-call worker without a fixed contract
- You are unemployed and become ill (for example from a unemployment benefit)
- You are pregnant or have recently given birth
- You are an organ donor
- You fall under a no-risk policy
End of Wage Continuation
In a permanent employment relationship your employer is obliged to continue paying at least 70% of your salary for a period of 2 years. In a temporary contract this obligation ends as soon as your contract expires.
Practical Example
Suppose you have a contract that runs until 1 July and you become ill on 1 April. Your employer continues to pay your wages until 1 July. If you are still ill afterwards, in Westland you can claim sickness benefits from the Employee Insurance Agency (UWV).
How High is the Sickness Benefit?
| Period | Percentage of Daily Wage |
|---|---|
| First 52 weeks | 70% |
| Weeks 53 to 104 | 70% |
Note: there is a maximum daily wage. The benefit is never lower than the minimum wage applicable in the Netherlands.
How Do You Apply for a Sickness Benefit?
Step 1: Report Illness
Report your illness immediately to your employer or temping agency. If your contract expires, you must report sick to the UWV in the Westland region.
Step 2: Submit Application
Submit your application for a sickness benefit via the online portal My UWV. This must be done within 3 days after the end of your contract.
Step 3: Start of the Benefit
There is no waiting period; the benefit starts immediately after the expiry of your contract, provided you are still ill.
Specific Rules for Temporary Agency Workers in Westland
For temporary agency workers, adapted rules apply in Westland:
- In the first 78 weeks of illness the temping agency often continues to pay, otherwise you qualify for sickness benefits
- The Collective Labour Agreement for Temporary Agency Workers sets out the precise conditions
- With a contract without temping clause the agency continues to pay
- With a temping clause the contract ends and you can apply for a sickness benefit
Sickness Benefits in Case of Pregnancy
Pregnant employees in Westland have additional rights:
- Maternity leave: 4 to 6 weeks before the due date
- Childbirth leave: At least 10 weeks after birth
- Benefit: 100% of your daily wage
- Even after the end of a contract you retain the right to this full benefit
What is a No-Risk Policy?
Employees in Westland with a no-risk policy can receive a sickness benefit in case of illness. This applies inter alia to:
- Persons who were already ill at the start of their employment
- Employees with a WIA benefit who start working
- Wajong benefit recipients who take a job
- Older unemployed persons (56+) who start work from an unemployment benefit
The employer continues to pay wages, but receives reimbursement via the Sickness Benefits Act.
Your Obligations with a Sickness Benefit
If you receive a sickness benefit in Westland, you must comply with certain rules:
- Availability: The UWV must be able to contact you
- Promote recovery: Follow necessary treatments
- Reintegration: Actively cooperate in returning to the labour market
- Control appointments: Attend meetings with the insurance doctor
- Report changes: Immediately report recovery, new work or moving house
Possible Sanctions
If you do not comply with the obligations, the UWV in Westland may impose sanctions, such as:
- A deduction from your benefit (5 to 100%)
- Temporary suspension of the benefit
- Definitive termination of the benefit
Transition from Sickness Benefits to WIA
If you are still ill after 104 weeks (2 years), it will be assessed in Westland whether you qualify for a WIA benefit. The Sickness Benefits end and you can transition to:
- WGA (for 35-80% disability for work)
- IVA (for 80-100% permanent disability for work)
- No benefit (for less than 35% disability for work)
Sickness Benefits in Combination with Unemployment Benefits
If you receive an unemployment benefit in Westland and become ill:
- The first 13 weeks your unemployment benefit continues
- After 13 weeks of illness you receive a sickness benefit
- Upon recovery your unemployment benefit resumes for the remaining period
Objection and Appeal in Westland
Do you disagree with a decision on your sickness benefit? Then you can:
- File an objection: Within 6 weeks with the UWV
- Lodge an appeal: Within 6 weeks with the District Court of The Hague
For legal support you can contact the Legal Counter Westland.