If an employee has been ill for a prolonged period of time, both the employer and the employee must make an effort to rehabilitate the employee. The process of rehabilitation can be complex: for example, an employee constantly calls in sick, does not agree with the advice of the company doctor or refuses to accept suitable employment. It is important for the employer to carry out the rehabilitation process correctly, in order to avoid a wage sanction by the Employee Insurance Agency (UWV).

Sometimes the illness is (partly) caused by a conflict in the workplace. In that case, it makes sense to examine whether this conflict can be resolved. Is there no way to resolve the situation? Then it is often better to look for another workplace for the employee in question. If the employee gets stuck in the recovery or rehabilitation process because a return to the workplace is no longer desirable, termination with a settlement agreement may be an option.

Wessel Van der Lans Advocaten advises on rehabilitation programmes or conflicts in the workplace in which illness plays a role. We also take legal action against the UWV, for example of a wage sanction is imposed.

Compensation for Transition Payment Act

After two years of illness, an employee is entitled to a transition payment upon dismissal. In the event of long-term incapacity for work, the employer can recover the paid transition payment from the UWV on the basis of the Wet Compensatie Transitievergoeding (Compensation for Transition Payment Act). It is important to ensure that you, as an employer, meet all the requirements for entitlement to the refund of the transition payment in the event of a termination by mutual agreement.

Wessel Van der Lans Advocaten can recover the transition payment for you from the UWV or advise you on the procedure.

Do you have questions about incapacity for work, rehabilitation or sick employees? Please contact one of our lawyers by phone or fill in our contact form.