Wat zijn mijn rechten bij ontslag?

Bij ontslag heeft u mogelijk recht op een transitievergoeding, een correcte opzegtermijn en in sommige gevallen een billijke vergoeding. Teken nooit zomaar een vaststellingsovereenkomst zonder juridisch advies.

Kan mijn werkgever mij zomaar ontslaan?

Nee, uw werkgever moet een geldige reden hebben en de juiste procedure volgen. Bij een vast contract is toestemming van het UWV of de kantonrechter vereist, tenzij u instemt met een vaststellingsovereenkomst.

Sickness Benefits & UWV | Know Your Rights

Are you ill and do you receive a Sickness Benefits Act (ZW) from the UWV? Then a decision by the UWV can have major consequences. You may be told that your benefit will be stopped, will not be granted, or that you can work again according to the UWV. In that case, many people wonder: What are my rights? And what can I do against a decision by the UWV?

In this article you can read everything you need to know about the Sickness Benefits Act, when you are entitled to it, how the UWV decides, and what you can do if you disagree with a decision.

What is the Sickness Benefits Act?

The Sickness Benefits Act is a safety net scheme for employees who are ill, but (temporarily) do not have an employer who continues to pay their wages. You may be entitled to a Sickness Benefits Act if:

Your contract ended while you were still ill.
You if temporary worker becomes ill.
You have an on-call or zero-hours contract without continued payment of wages in the event of illness.
You become ill within 28 days after the end of your employment.
You become ill as a pregnant or after giving birth.

The Sickness Benefits Act is administered by the UWV.

How is the amount of a Sickness Benefits Act determined?

The amount of your Sickness Benefits Act depends on the salary you earned before you became ill. The UWV looks at the so-called 'daily wage'. This is the average gross salary that you earned per day in the year before you became ill, including allowances and holiday pay. The most important points at a glance:

You will usually be paid 70% of your daily wage.
Were you pregnant or ill due to pregnancy or childbirth? Then the percentage may sometimes differ.
Also temporary workers, on-call workers or people with a temporary contract assessed in the same way: the UWV always uses the last earned salary as a starting point.

Note: Do you have varying income or did you work through an agency with different hours? Then things can get a bit more complicated. In that case, the UWV looks at the salary on which you paid social security contributions in the period before your illness. You usually receive your benefit every four weeks, directly from the UWV. This way you will receive the best possible financial support during your period of illness.

How do you apply for Sickness Benefits?

You can apply for Sickness Benefits at different times and in different ways, depending on your situation. This is how you go about it:

Do you become ill within four weeks after your employment has ended? You can still submit an application; it is important to act quickly.
Are you a temporary worker or do you have an on-call or zero-hours contract? You can also submit an application yourself as soon as you report sick and your employer does not continue to pay wages.
Ill due to pregnancy or after giving birth? In many cases you can also make use of the Sickness Benefits Act; Report your situation in a timely manner and explain clearly why you cannot work.

Please note: in some cases your (ex-)employer can submit the application for you, for example if you became ill during the contract. Are you in doubt? Contact theUWV or request legal advice, for example from the Legal Desk or a trade union, so that you don't miss out.

Are you allowed to work in addition to receiving Sickness Benefits?

It is a frequently asked question: can you work while receiving Sickness Benefits? The short answer is: sometimes yes, but there are clear rules attached to it. You must always immediately report any form of (paid) work to the UWV, even if you only work or volunteer for a few hours. This way you prevent problems later. In some cases, (adapted) work can actually contribute to your recovery or reintegration, but everything depends on your situation and the agreements with the UWV. Note:

Are you working without reporting this? Then this may have consequences for your benefits.
This also includes work as a volunteer or from home.
Always consult with the UWV and stick to the agreed hours and tasks.

Are you unsure whether working is allowed in your situation? Always ask. This way you can be sure that you will not miss out on any rights or get into trouble.

What happens if you become ill while receiving unemployment benefits?

Will you become ill while receiving unemployment benefits? Then special rules apply. In most cases, you must report sick immediately to the UWV on the first day that you are unable to work due to illness. From that moment on, your unemployment benefit will be temporarily converted into a Sickness Benefits Act benefit. This is also called the 'Sickness Benefits Act during Unemployment Benefit'. Important to know:

Your reintegration obligations expire during your illness. So you temporarily do not have to apply or be available for work.
The amount of the benefit usually does not change, but it is a different arrangement.
Are you getting better? Please report this immediately so that your unemployment benefits can be resumed.

Note: Do you become ill just before your unemployment benefit expires or in the last few weeks? Then the situation may be different. Are you in doubt? Contact your benefits agency for personal advice.

What should you do if you are sick?

Are you suddenly ill? Then it is important to take a number of steps immediately. Report your illness to your (former) employer or employment agency as soon as possible. The notification is necessary to qualify for any Sickness Benefits Act. It is also wise to keep medical information from your GP or specialist. The UWV may need that data later. Do you have questions about your rights or are you unsure whether you qualify for the Sickness Benefits Act? Please feel free to submit your situation to a lawyer, a trade union such as FNV or CNV, or an organization such as Legal Desk. They can advise you on the steps you can take. Make sure you are available for questions from the UWV, for example about your recovery or options for working (again). This way you prevent unnecessary delays regarding your benefits.

Sickness benefits with employer: how does that work?

Sometimes you receive Sickness Benefits while you still have an employer. This happens, for example, if you are ill due to pregnancy or childbirth, if you are covered by the no-risk policy, or if you are ill due to organ donation. Even if you fall under a special compensation scheme, you may receive a benefit with current employment. What does this mean in practice? In short, it means that you and your employer both remain responsible for your reintegration. You will then not receive a salary from your employer, but a benefit through the Sickness Benefits Act. This could be the case, for example, with:

Illness due to pregnancy or childbirth.
There is a no-risk policy: you are ill and your employer receives compensation.
You are sick because of donating an organ.
You are covered by a special scheme, for example compensation for illness due to pregnancy or other long-term illness.

Reintegration and obligations Even if your benefit is through the Sickness Benefits Act, reintegration remains important. You work with your employer on your return to work. This means that you must adhere to agreements, for example about attending meetings, cooperating with an action plan, and following advice from doctors or specialists. UWV and your employer often work together on this, so that you can (partially) return to work as quickly as possible. Please note: failure to comply with these obligations may have consequences for your benefits. This way you won't be faced with any surprises if you unexpectedly find yourself in this situation.

What does 'self-risk bearer' mean for the Sickness Benefits Act?

Some employers choose to be 'self-risk bearers' for the Sickness Benefits Act. That sounds technical, but what does it mean for you as an employee? Very simply put: the employer (temporarily) takes over the responsibility of the UWV. Do you become ill while working for such an employer under a flexible or temporary contract? Then it is not the UWV, but your (ex-)employer who pays and arranges your Sickness Benefits Act benefit and reintegration. Important to know:

The benefit and guidance therefore come from your self-risk-bearing (ex-)employer, not directly from the UWV.
Employers often engage non-life insurers or occupational health and safety services such as ArboNed or HumanCapitalCare in order to regulate the Sickness Benefits Act.
Your rights under the Sickness Benefits Act remain the same, but the implementation may feel different.

This construction can mainly occur in large companies or employment agencies. Your employer must always inform you if they are a self-risk bearer, so that you know where you stand.

Which step-by-step plan do you follow if an employee becomes ill?

If an employee becomes ill, clear steps apply. Below you will find an overview of the standard step-by-step plan in case of illness:

Notification of illness The employee reports sick to the employer as soon as possible. This is preferably done by telephone and before the start of working hours.
Report sick to the occupational health and safety service or company doctor Depending on your organization, the employer immediately contacts the occupational health and safety service or the company doctor, such asArboNed, HumanCapitalCare or Care of the Cause.
Absence registration and administration The employer registers the sick report in the absenteeism administration. This is essential for continued payment of wages and any benefit applications.
Contact and follow-up Employer and employee keep in touch. The employer often contacts you in the first week to discuss the situation and make agreements about follow-up actions.
Create an action plan After six weeks at the latest, an action plan will be drawn up together with the occupational health and safety service or company doctor. This states how reintegration is tackled. This document is periodically evaluated.
Start the reintegration process Both parties are actively working together on returning to work, for example with adapted activities or resuming work in steps. Sometimes external help is used, for example through reintegration agencies such asRandstad RiseSmart orHSK Group.
Follow the Gatekeeper Improvement Act Employer and employee comply with the obligations under the Gatekeeper Improvement Act. Consider keeping files, implementing the agreements in the action plan, and calling in experts in a timely manner.
Recovery notification As soon as the employee is (partially) better again, this will be reported to the employer and the occupational health and safety service. The reintegration often continues for a while with guidance.

By following these steps carefully, you will avoid problems with any benefit application and the process will remain clear for everyone involved.

Working together on reintegration during illness

If you are ill and receive a Sickness Benefits Act, reintegration is central: together with the UWV you will look step by step at returning to work. This cooperation is important, because it increases the chance of recovery and a smooth return to work. What can you expect?

Personal plan: You draw up a reintegration plan with an employment expert. This contains agreements about your options, limitations and the steps you take together.
Active involvement: You are invited to catch up regularly — often by telephone or in a meeting at the UWV office. This way your situation remains clear to both parties.
Help from specialists: Sometimes the UWV external reintegration companies (such as Randstad or Ability-A2) for additional guidance or training. This will help you discover new job opportunities.
Your own responsibility: You are expected to actively cooperate, for example by communicating openly, keeping agreements and accepting offered help.

Working together on reintegration does not only mean following what the UWV asks, but also actively exploring your opportunities and thinking about what works for you.

How does the UWV decide on a Sickness Benefits Act?

The UWV is looking at:

Whether you are incapacitated for work for the work you did before you became ill.
The reports of an insurance doctor and an occupational expert.
Your medical information and your limitations.

On this basis, the UWV decides whether you are entitled to a benefit or whether the benefit will stop.

What is a no-risk policy and when does it apply to an employee?

Sometimes there is a so-calledno-risk policy for employees. This is a scheme that ensures that an employer does not (largely) have to bear the financial risk of a sick employee himself. For example, if you are someone with a work disability or Wajong status, or if you have been ill for a long time in the past and are returning to work. In those situations, the UWV will cover part of the costs if you become ill again. The government wants to make it more attractive for employers to hire people with an increased risk of illness. The no-risk policy applies in the following cases, among others:

You have previously received a WIA, WAO, WAZ or Wajong benefit.
You have a work disability and are able to find work (again) through a reintegration program.
You fall within the target group of the jobs agreement (Participation Act).

A no-risk policy can give you peace of mind as an employee, because your absenteeism through illness is less likely to become a problem for your employer. This makes employers more willing to give people with an employment history or health problems a chance.

What if you become ill due to organ donation?

Did you get sick because you donated an organ? A special arrangement also applies within the Sickness Benefits Act. If you, as a donor, are admitted to hospital or have to recover at home, you may be entitled to aSickness Benefits Act benefit, even if you (temporarily) do not have an employer who continues to pay your wages. This safety net is specifically for people who are temporarily unable to work due to organ donation. You don't have to worry about this: you can apply for benefits with a statement from the hospital or treating doctor. This way you will not be financially disadvantaged when you contribute to society as a donor.

How do you better report with Sickness Benefits Act?

Have you recovered sufficiently to (partially) work again? Then it is important that you report 'better' in a timely manner to the UWV. This is also called the recovery notification. This can be done, for example, by telephone, online via theUWV portal, or possibly via an employer or employment agency if one is still available. Please note: it does not matter whether you have made a full recovery or are only able to do modified work—you must also report it. Helpful tips for 'better reporting':

Always report immediately as soon as you can work (partly) to avoid annoying misunderstandings or chargebacks.
If necessary, ask your doctor or company doctor for advice or confirmation about your own sense of recovery.
Do you need advice? Organizations such as theFNV or theLegal Desk can help you with practical steps for free.

Have you been reported too early or are you unsure whether you can work (fully) again? Please contact the UWV immediately or consult an advocate. This will prevent you from unintentionally losing your benefits or getting into discussions about your recovery.

What does a Sickness Benefits Assessment entail after 1 year of illness?

After one year of illness, there often comes an important moment: the so-called 'reassessment' or '1-year Sickness Benefits Act assessment'. During this assessment, the UWV checks again whether you are still incapacitated for your old job. For this purpose you will usually be invited for an interview with an insurance doctor and sometimes also an occupational expert. They rate:

Whether your medical situation has changed in the past year.
What your options are for working, possibly in adapted work.
Whether your Sickness Benefits Act can continue, will be adjusted or will stop.

It is therefore a thorough (and sometimes exciting) check-up in which the UWV looks at how things are going after a year of illness. This can have major consequences for your benefits, so it is wise to prepare yourself well for this. This way you avoid surprises and you know where you stand.

What is the action plan for reintegration during aSickness Benefit benefit?

If you are ill and you receive aSickness Benefits Act, the topic of 're-integration' soon comes into play. After all, the idea is for you to return to work as soon as possible, whether that is with your old employer, through a temporary employment agency, or perhaps even somewhere else completely. The UWV will therefore draw up an action plan together with you. This includes:

The assessment of what you can and cannot do in the short and long term – this is often discussed with an insurance doctor and an occupational expert.
Agreement about, for example, reintegration activities such as job application requirements, participating in (re)training, or a targeted search for suitable work.

These appointments will be regularly reviewed during your illness. Can you do more? Then the plan is adjusted. Does recovery appear to be slower? The plan can then also be adjusted. Remember: the goal always remains clear – back to work, within your means. Always stay in conversation, ask questions if you're unsure, and track your own progress; This way you are in a stronger position if you disagree with a decision about your benefits.

Frequent decisions of the UWV

Rejection of the Sickness Benefits Act
→ The UWV believes that you are not sick enough or that you are not entitled to the Sickness Benefits Act.
Stopping the Sickness Benefits Act
→ The UWV judges that you can work again.
Reassessment during the Sickness Benefits Act
→ You will be called again for a medical examination. The UWV may decide to reduce or stop the benefit.
Recovery
→ The UWV believes that you have wrongly received the Sickness Benefits Act and wants the money back.

What can you do in the event of a negative decision?

Do you disagree with the UWV? Then you can take steps:

1. Object

Within 6 weeks after the decision.
Write clearly why you disagree.
Add medical information (for example from your GP or specialist).

2. Attend hearing

During the objection procedure you will often receive an invitation for a hearing.
You can explain your situation there.

3. Appeal to the court

If the objection is rejected, you can go to court.
A lawyer can represent you in this.

Practical examples

Example 1: A uitzendkracht was told that he could work again according to the UWV. Our specialist lawyer showed with medical reports that this was incorrect. The benefit was restored.
Example 2: A single mother lost her Sickness Benefits Act because, according to the UWV, her complaints were too mild. On appeal, the judge determined that the medical examination was negligent, as a result of which she was still entitled to the benefit.
Example 3: An employee received a refund of thousands of euros. After an objection, it turned out that the UWV had made a mistake. The recovery decision was annulled.

Checklist: what to do if your Sickness Benefit ends?

📄 Read the UWV decision carefully.
⏳ Note the objection period of 6 weeks.
📑 Collect medical data and statements from your practitioners.
✍️ Submit an objection (preferably through a lawyer).
⚖️ Consider an appeal if an appeal is rejected.

Specialized UWV lawyers at Arslan Advocaten

Litigation against the UWV is complex. Our specialized UWV lawyers have years of experience with Sickness Benefits Act cases and know how the UWV assesses. We work together with medical experts and labor experts to strengthen your file.

In addition: the costs for legal assistance are often reimbursed, for example if you are eligible for subsidized legal aid or if the UWV has to pay (partially) the costs in the event of a well-founded objection.

Frequently asked questions (FAQ)

1. How long does a Sickness Benefit Act last?
Usually a maximum of 104 weeks, depending on your situation.

What happens after 2 years of illness?

Are you still ill after 2 years and unable to work (partially)? Then your Sickness Benefits Act usually stops. You may be eligible for another benefit, such as the WIA (Work and Income (Capacity for Work) Act).

Transition to WIA benefit

You will receive an invitation for an assessment to see what you can still earn.
The WIA consists of two schemes:
IVA if you can hardly or not work at all.
WGA if you are partially disabled.

Please note: the assessment is strict and medical and occupational reports are decisive. It is wise to seek legal support for this as well. Parties such as the Legal Desk or specialized lawyers can advise you on objections and appeals. Do you have questions or are you unsure about the procedure? Contact us in time for advice—while reading the decision you will avoid surprises.

2. Can the UWV just stop my benefits?
Yes, if they think you can work again. You can object to this.

3. Do I have to go to the UWV medical examiner?
Yes, this is mandatory. You may provide additional medical information.

4. What if I submit my objection too late?
Then your chance will be lost. You can only be admitted in exceptional cases.

5. Who pays the lawyer in a UWV procedure?
The costs are often reimbursed through addition (subsidized legal assistance) or by the UWV itself if you are in the right.

Can you go abroad with Sickness Benefits Act?

Yes, in some cases you can go abroad if you receive Sickness Benefits, but there are strict rules. You always require prior permission. Without this permission you may not leave the country, not even for a short holiday or to visit family. Note:

Request permission well in advance, for example if you plan to travel to Germany or Belgium to travel, or even if you want to relax on the beach in Spain.
State clearly why you want to leave, how long you are going and where you are staying.
Make sure you remain reachable and make arrangements for any doctor visits or examinations that may take place during your stay.

If you do not have permission and you go anyway, this may lead to your benefits being stopped. So always be careful and consult with your contact person in a timely manner. 6. Can I go on holiday while receiving my Sickness Benefits Act? That is possible, but you must always request permission in advance from the UWV. If you leave without permission, this may have consequences for your benefits. It is important to consult carefully and be clear about your plans, so that you are not faced with any surprises afterwards.

Why Arslan Lawyers?

Specialized UWV lawyers with experience in Sickness Benefits Act procedures.
Help with objection, appeal and higher appeal.
Collaboration with medical specialists and labor experts.
Often free of charge or largely reimbursed.
Personal and involved: we are completely on your side.

Conclusion

The Sickness Benefits Act offers an important financial safety net scheme, but the UWV takes strict and sometimes unjustified decisions. Will your benefits be stopped, refused or reclaimed? Then it is important to take immediate action. With the help of a specialized UWV lawyer from Arslan Advocaten you increase your chance of a fair outcome.

Sickness Benefits and the UWV: What Are Your Rights?