Wage Continuation Period in Zoetermeer
The wage continuation period requires employers in Zoetermeer to continue paying wages for up to 104 weeks to employees who report sick. This provides financial protection and promotes reintegration. At the end, a WIA assessment by the UWV usually follows, which is relevant for many residents of our municipality.
What does the wage continuation period mean for Zoetermeer?
Employees in Zoetermeer are entitled to continued wage payment by their employer for up to two years (104 weeks) in case of illness. This arrangement prevents income loss and encourages quick recovery and return to work. Employers must not only pay wages but also cooperate in reintegration through the occupational health service.
The law applies to all employees with a contract in Zoetermeer, unless a collective labor agreement (cao) provides otherwise. Self-employed individuals (ZZP'ers) in the area must arrange their own insurance, for example via the Municipality of Zoetermeer for additional support.
Legal basis
The core provision is in Article 7:629 of the Dutch Civil Code (BW): employers in Zoetermeer must continue paying wages during illness, unless the employee is at fault. Illness falls under the employer's responsibility.
Additional rules:
- Article 7:630 BW: Details on wage specifications.
- Gatekeeper Improvement Act: Reintegration obligations, such as the Action Plan within 8 weeks.
- Article 7:658a BW: Penalties for non-compliance, such as wage suspension or dismissal.
Collective labor agreements (caos) in Zoetermeer companies may offer more favorable terms, but never less than the law requires. Check your cao or seek advice from the Zoetermeer Legal Desk.
Duration and amount of the benefit
The 104 weeks consist of two phases:
| Phase | Duration | Wage percentage | Minimum |
|---|---|---|---|
| First year | 52 weeks | At least 70% of daily wage | 70% of wage on day before illness, above minimum wage |
| Second year | 52 weeks | At least 70%, cao often higher | Often 70-90% depending on cao |
The daily wage is calculated based on the previous year, including allowances. Vacation days are not included.
Exceptions to the 104 weeks?
The period is paused for maternity leave or organ donation, but continues during probationary periods or dismissal with pay.
Rights and obligations in Zoetermeer
Employee
- Right to wages: Full entitlement under law/cao.
- Right to assistance: Consultations with the company doctor and reintegration guidance.
- Obligations: Report illness within 24 hours, cooperate with the plan, accept suitable work.
Employer
- Right to verification: Check via occupational health service.
- Obligations: Handle reports, prepare Action Plan, notify UWV after 91 weeks.
Violations are handled by the District Court of Zoetermeer. Employers risk UWV recovery claims up to 70% Sickness Benefits Act.
Practical examples from Zoetermeer
Example 1: Jan from Zoetermeer reports burnout on January 1. Monthly gross salary €3,000: first year 70% (€2,100), second year the same (cao). After 104 weeks, WGA via UWV.
Example 2: Marie refuses adapted work. Employer suspends wages (Art. 7:629 BW). District Court of Zoetermeer orders resumption.
Example 3: Short flu (2 weeks): Full wages, counts toward the period.
After the wage continuation period in Zoetermeer?
From week 91, the employer notifies the UWV for a WIA assessment: IVA (full), WGA (income-related) or none. More info: WIA: WGA and IVA.
Frequently asked questions
How quickly to report illness in Zoetermeer?
Immediately, max. 1 day. Follow contract rules to avoid suspension.
Can an employer shorten the period?
No, minimum 104 weeks. Cao may only improve, not shorten, unless non-cooperation.
Dismissal during illness?
Prohibited in first 2 years (Art. 7:670 BW). Possible after 104 weeks with compensation. Go to District Court of Zoetermeer for issues.
Temporary contract?
Yes, until end. Then possibly Sickness Benefits via UWV.
Tips for Zoetermeer residents
- Report illness in writing immediately.
- Keep all occupational health service communications.
- Cooperate in reintegration to avoid sanctions.
- Check payslips for daily wage.
- If in doubt: Zoetermeer Legal Desk for free advice or District Court of Zoetermeer.