Long-term illness in the Netherlands: what to do as an employee and how to get WIA benefits
In the Netherlands, there is a clear procedure for employees who are ill for a long time and unable to work. Find out how to draw up a plan van aanpak, when to apply for WIA benefits, and what rights you have under the law during long-term incapacity for work
The Netherlands has a clearly regulated procedure for employees who are on long-term sick leave and unable to perform their job duties. The system provides for step-by-step interaction between the employee, employer, company doctor, and the UWV government agency. Refugeehelp.nl provides information on the procedure.
We explain in detail what steps you need to take, what rights you have, and how to apply for benefits in case of incapacity for work.
First steps in case of long-term illness in the Netherlands
If you are ill and unable to work, you must:
1. Immediately notify your employer in accordance with the terms of your employment contract.
2. During the first week, your employer will contact the company doctor (arbodienst).
3. If you are ill for more than 6 weeks, the company doctor will assess your condition and, together with you and your employer, draw up a plan for your return to work — plan van aanpak.
4. Every 6 weeks, both parties are required to review the progress of the plan.
5. After 42 weeks of illness, the employer submits a long-term incapacity report (42-e weeksmelding) to the UWV.
6. At approximately week 88, the UWV sends a letter regarding the possibility of applying for WIA benefits.
7. The WIA application must be submitted before week 93 of illness.
8. If you have not returned to work within 104 weeks (two years), your employer will stop paying your salary.
9. The UWV will assess your future ability to work and decide whether to grant you WIA benefits.
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What is a plan van aanpak and why is it important?
A plan van aanpak is an official action plan drawn up jointly by the employee, employer, and company doctor. The document:
● determines your actual chances of returning to work;
● proposes changes to your schedule or job duties;
● sets out specific steps for reintegration.
This plan is a mandatory part of the rehabilitation process. If the parties cannot reach an agreement, UWV experts or independent specialists may be called in to mediate.
WIA benefits: when and who can receive them
If, after approximately two years (104 weeks), you are completely or partially unable to work, you may be eligible for WIA benefits from the UWV. There are two types of benefits:
● WGA — if you have partially lost your ability to work;
● IVA — if you have completely lost your ability to work.
It is recommended that you submit your application before the 93rd week of illness to avoid a break in financial support.
The decision to grant benefits is made by the UWV after assessing your condition.
Employee protection: what the law guarantees
During long-term illness in the Netherlands, important guarantees apply:
● Your employer does not have the right to dismiss you during the first two years of illness without the consent of the UWV (with exceptions).
● The company doctor does not have the right to inform your employer of your diagnosis — only information about the possibilities for reintegration.
● You are obliged to cooperate in the process of returning to work — this is part of the rehabilitation procedure.
The procedure in the Netherlands is formally clear, but it can be difficult for foreigners. This is especially true in cases where:
● the employment contract has specific conditions;
● the employee works through an agency;
● the residence status is linked to employment.
In such situations, it is important to seek professional advice. Ukrainians working abroad can use the services of employment lawyers at Visit Ukraine. Specialists help to understand your rights, contract terms, and algorithms for interacting with your employer and government agencies.
We remind you! A new digital service has been launched in Ukraine that changes the usual approach to choosing a family doctor and interacting with the healthcare system. Now, signing declarations, updating personal data, and controlling access to medical information are available online — without queues and visits to the clinic. Read about who can use the patient account and what features are already available.
Photo: freeograph / freepik
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