Long-term sickness in the Netherlands is not only a health issue, but also a clear legal procedure with specific deadlines and rules. From the first day of sick leave to the possible application for WIA benefits, there is a set procedure for both the employee and the employer. Learn more about the steps you need to take to preserve your rights and financial stability

The Netherlands has a systematic approach to long-term disability. If an employee is sick for several months or more, the process is regulated by law and controlled by the UWV, a government agency responsible for social insurance and work capacity assessment.

The first weeks of illness involve cooperation with the employer and the company doctor. Then a mandatory reintegration plan is launched, and after 42 weeks, the UWV is officially involved in the process. If the employee fails to return to work within two years, he or she can claim disability benefits.

Let's take a step-by-step look at what exactly happens and what deadlines must not be missed.

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What happens in the first weeks of illness?

After you fall ill and are unable to work, it is important to act immediately in accordance with your employment contract. In the Netherlands, the procedure is clearly regulated, and the first steps determine how the reintegration process will develop further.

1. Notification of the employer

On the first day of sickness, you must notify your employer in accordance with the company's internal rules. This can be a phone call or a message through the internal system.

The employer has no right to require you to disclose the diagnosis. You only need to report the fact of your inability to work and, if possible, the estimated duration of your absence.

2. Involvement of a company doctor

During the first week of illness, the employer contacts the occupational health and safety department or the company doctor. It is this doctor who assesses your ability to work, not your family doctor.

Company doctor:

- Determines whether you can perform partial work

- Provides recommendations for adaptation of working conditions

- Assesses the prospects for returning to work

It is important to know that medical information is confidential. The doctor can only give your employer an opinion on your ability to work, but not a diagnosis.

3. If the illness lasts more than 6 weeks

If the health condition does not allow you to return to work within six weeks, the next stage begins - an official assessment of the situation and preparation of a return to work plan.

From this point on, the process becomes formalized and is monitored by regular check-ups.

You can learn more about health insurance and the healthcare system in the Netherlands here.

Return to work plan: what is van aanpak and how it works

If the sickness lasts more than six weeks, the process enters the formal reintegration stage. At this stage, the company doctor conducts a health assessment and prepares a report on your ability to work. It is on the basis of this document that you and your employer draw up a plan van aanpak, a mandatory action plan.

What does the van aanpak plan contain?

This is a joint document that defines how and under what conditions you can gradually return to work. It should include:

- Your realistic ability to perform work in full or in part

- Options for changing your work schedule

- Adaptation of functions or scope of tasks

- Specific steps and deadlines for reintegration

The document is signed by both parties. It is not a formality - it is the basis for further control by UWV.

Regular checks every 6 weeks

After the plan is approved, you and your employer are obliged to review your progress at least every six weeks. If your health condition changes, the plan is adjusted.

Active cooperation from you is required. If UWV determines in the future that one party has not made sufficient efforts to return to work, this may affect future benefit decisions.

If a conflict arises

If you disagree with the doctor's assessment or the employer's actions, you can contact UWV for an expert opinion. In difficult cases, independent experts are involved in mediation. The main thing is to record all agreements in writing and not to ignore official deadlines.

42nd week of illness: when UWV is involved

If the disability lasts longer than 42 weeks, the employer is obliged to officially notify the state social insurance service UWV. This step is called 42nd weeksmelding and is a mandatory element of the procedure.

What does the 42nd week notification mean?

After this point, UWV receives information about your long-term absence from work. This does not mean an automatic transition to public benefits, but signals that the process is approaching the final stage of the two-year period.

At this stage:

- The employer continues to pay the salary in accordance with the rules of the employment contract

- The reintegration plan remains in force

- The obligation of cooperation of both parties remains

Week 88: Preparing for WIA

Around the 88th week of your illness, you will receive a letter from UWV explaining that you can apply for WIA.

This is an important time because you need to prepare the documents in advance. It is recommended to submit the application no later than the 93rd week of illness. This avoids interruptions in financial support after the 104th week.

104 weeks: end of the obligation to pay wages

After two years of incapacity for work, the employer stops paying wages. This is when UWV will conduct a work capacity assessment and make a decision on your eligibility for WIA benefits.

You must have a complete package of documents by this time, including a reintegration plan and proof of all attempts to return to work.

In the previous article, we provided a detailed overview of 5 cities with the best infrastructure and logistics for long-term residence in the Netherlands.

WIA: benefits after two years of disability

If you have not been able to return to work in full or in part within 104 weeks, your right to receive wages from your employer is terminated. The decision on financial support is then made by the UWV. It is this agency that assesses the extent of your disability and whether you are eligible for WIA benefits.

When do I need to submit an application?

The application process is not automatic. After about the 88th week of your disability, you will receive a notice from UWV explaining how to proceed.

The WIA application must be submitted no later than the 93rd week of illness. This is important to ensure that you do not experience a break in benefits after 104 weeks.

How does UWV assess work capacity?

UWV analyzes:

- Medical reports

- Reintegration plan and its implementation

- Your actual ability to work in full or in part

Based on this, the degree of disability is determined.

Two types of benefits: WGA and IVA

The type of benefit depends on how severe the disability is.

WGA is granted if you have partially lost the ability to work or there is a chance of regaining the ability to work.

IVA is applied if the disability is complete and long-term with no real prospects of recovery.

The decision is made individually after a comprehensive assessment of your condition and situation.

Your rights during a long-term illness

If you are sick for a long time in the Netherlands, the law provides you with clear protection. During the first 104 weeks, your employer is not allowed to dismiss you solely because of your inability to work, except in certain cases that are agreed with the UWV. During this period, the employer's obligation to pay your salary in accordance with the employment contract remains.

Medical information remains confidential. The company doctor can only inform the employer about your ability to work and possible restrictions, but is not allowed to disclose the diagnosis.

At the same time, the employee must actively participate in the reintegration process. Cooperation with the doctor, implementation of the return to work plan and compliance with the established deadlines are part of the mandatory procedure. If one of the parties fails to fulfill its obligations, this may affect UWV's further decisions regarding payments.

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