د ناروغۍ د ګټو قانون (زیکټیویټ): څوک پوښښ لري او تاسو څه ترلاسه کوئ

If you fall ill and have no employer to keep paying your wages, the Sickness Benefits Act (Ziektewet) provides an income instead: normally 70% of your daily wage, paid by the UWV for a maximum of 104 weeks. The main exception is incapacity connected with pregnancy or childbirth, or following organ donation, which is paid at 100% of the daily wage.

چا پوښلی؟

The Act covers employees who do not receive continued wage payment from an employer. That includes people whose fixed-term contract ends while they are ill, agency workers whose assignment ends under the agency clause, people who fall ill within four weeks of their employment ending, and people on unemployment benefit (WW) who become unable to work.

Employees who are still employed can also receive Sickness Benefits Act benefit in two situations: incapacity connected with pregnancy or childbirth, and incapacity following organ donation. The UWV then pays the benefit, usually to the employer. Employees with a recognised occupational disability can fall under the Act through the no-risk policy (no-riskpolis), which removes the financial risk for an employer that hires them.

How much do you receive and for how long?

The benefit is normally 70% of your daily wage (dagloon), based on your average earnings in the year before you fell ill and capped at the statutory maximum daily wage, which the UWV publishes each year. If your household income falls below the social minimum, the UWV may pay a supplement.

For incapacity connected with pregnancy or childbirth, and for incapacity following organ donation, the benefit is 100% of the daily wage. The benefit lasts at most two years (104 weeks); in some cases waiting days apply before payment starts.

د ګټې ترلاسه کولو پرمهال تاسو باید څه وکړئ؟

The Act imposes reintegration duties similar to those in an employment relationship. You must report your incapacity to the UWV in time, attend assessments, follow reasonable instructions aimed at recovery and cooperate with your reintegration plan. The UWV can reduce, suspend or refuse benefit if you do not meet these duties.

What happens after one year?

After 52 weeks of incapacity, the UWV carries out the first-year assessment (eerstejaars Ziektewet-beoordeling). If you can earn more than 65% of the usual income of healthy people with similar training and experience (maatmaninkomen), your benefit ends (Article 19aa Ziektewet). If you can earn 65% or less, it continues; after 104 weeks the question becomes one of long-term incapacity benefit under the WIA.

د یو کارمند په توګه تاسو باید څه وګورئ؟

• Whether you reported sick to the UWV on time after your contract or WW benefit ended.
• Whether your incapacity is linked to pregnancy, childbirth or organ donation, so that 100% applies.
• Whether the daily wage in the UWV decision matches your earnings in the year before you fell ill.
• Whether you have your own medical information if you disagree with the first-year assessment.
• The objection deadline of six weeks stated in every UWV decision.

د کار ورکوونکي په توګه تاسو باید څه وګورئ؟

Employers are not out of the picture once the Sickness Benefits Act applies. Through the differentiated contribution to the Return to Work Fund (Werkhervattingskas), the cost of benefits for former employees can be charged to you, and you can also choose to bear that risk yourself as a self-insurer (eigenrisicodrager).

• Which of your fixed-term contracts end while the employee is ill.
• Whether you are a self-insurer for the Sickness Benefits Act, and who handles reintegration.
• Whether the UWV has correctly charged benefits for former employees to your contribution.
• Whether a no-risk policy applies to the employee, which reduces your costs.

What if the UWV decides against you?

A refusal, reduction or end of benefit is a formal decision. You lodge an objection (bezwaar) with the UWV within six weeks, and if that fails, you can appeal to the administrative court of the district court. Challenging the medical assessment behind the decision takes medical information, not argument alone, so gather it early.

What can we do for you with the Sickness Benefits Act?

زموږ له لارې د کار وکیل practice we assist employees and employers, for example:

• We check a UWV decision on your entitlement, daily wage or first-year assessment.
• We draft the objection and file it with the UWV within the six-week deadline.
• We represent you at the hearing and in an appeal to the administrative court.
• We advise employers on ending fixed-term contracts during illness and the cost through the Werkhervattingskas.
• We review a self-insurer’s reintegration file before the UWV assesses it.

لنډیز

• The Sickness Benefits Act pays employees who fall ill without an employer to continue their wages, usually 70% of the daily wage for up to 104 weeks.
• Incapacity connected with pregnancy, childbirth or organ donation is paid at 100%.
• You must report your incapacity, attend assessments and cooperate with reintegration, or the benefit can be reduced.
• After 52 weeks, the benefit continues only if you can earn 65% or less of the income of comparable healthy people.
• You can object to a UWV decision within six weeks and then appeal to the administrative court.

ډېرپېښې پوښتنې