Apply for a WIA benefit on time
Does your employee remain ill for a long time and is it impossible for them to return to work? Then your employee must apply for a WIA benefit no later than in the 93rd week (after 1 year and 9 months of illness). After 1.5 years, you and your employee will receive a letter from the UWV to apply for the WIA benefit (in Dutch).
Provide all documentation
Your employee needs all documents relating to their reintegration to apply for a WIA benefit. Make sure that your employee receives a copy of these documents. This must happen no later than in the 91st week of their illness.
Your employee is less than 35% incapacitated for work
If your employee is less than 35% incapacitated for work, they can earn 65% or more of their old salary. Your employee will not receive a WIA benefit in this case. An additional unemployment benefit or social assistance benefit is sometimes possible. Can your employee no longer do their old job? Then you must offer the employee suitable work.
Avoid a fine from the UWV
If your employee applies for a WIA benefit, the UWV will assess if you and your employee have done enough during the first 2 years of illness to get them back to work. It is important that you put all agreements and efforts regarding their reintegration on paper. There are 2 options for the assessment:
1. UWV decides that you have done enough
Then you may stop paying wages after 2 years. If your employee applied for the WIA benefit too late, you must continue to pay the wages for longer. UWV will then send you a letter about this.
2. UWV decides that you have not done enough
Then UWV can impose a fine (wage sanction) on you. You must then continue to pay wages for a maximum of 1 year. You may not dismiss your employee during this period.
Check if you need permission for dismissal
You may dismiss your employee after 2 years of illness. You can terminate the employment in consultation if you both agree with the dismissal. This is called dismissal by mutual consent. In that case, you do not need permission from the UWV (in Dutch). Make sure you put the agreement of the dismissal in writing. If your employee does not agree with the dismissal, you must request permission from the UWV (in Dutch).
Due to the dismissal, you must pay a transition payment to your employee. You may be able to apply for compensation from the UWV (in Dutch) for the transition payment.
Check what you are entitled to if your employee remains employed
Does your employee receive a WIA benefit, but will they remain employed? Then you may be entitled to subsidies or allowances (in Dutch). For example, for adjustments to their workplace. You can also get part of their wage costs reimbursed if they fall ill again.
