Continuation of Salary During Illness in Utrecht
Employees in Utrecht are entitled to continuation of salary during illness for a period of up to 104 weeks, or 2 years.
Amount of Salary Continuation
- First year: at least 70% of the salary (often 100% in accordance with collective labour agreement arrangements)
- Second year: at least 70% of the salary
The salary in the first year may not be lower than the [minimum wage](https://rechtshulpdenhaag.nl/encyclopedie/minimumjeugdloon-staffel).
Waiting Days During Illness
An employer in Utrecht may establish a maximum of 2 waiting days during which no salary is paid in case of illness.
No Entitlement to Salary Continuation
- If the illness was intentionally caused by the employee
- If a relevant illness or defect was not reported during the job application process
- In case of refusal to cooperate with [reintegration](https://rechtshulpdenhaag.nl/encyclopedie/risicoinventarisatie-en-evaluatie)
- In case of refusal to accept suitable work
After 104 Weeks of Illness
After two years, the obligation to continue salary payments ends. Employees can then apply for a [WIA benefit](https://rechtshulpdenhaag.nl/encyclopedie/ziektewet-dagloon-berekening) through the UWV.
UWV Wage Sanction
If an employer in Utrecht fails to make sufficient efforts for reintegration, the UWV may impose a sanction, which may result in an additional year of salary continuation.
Statutory basis: Article 7:629 of the Dutch Civil Code
Local Information Utrecht
Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Aid Office: Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht
Frequently Asked Questions about Illness and Work in Utrecht
What are my rights regarding salary continuation?
In case of illness, you are entitled to at least 70% salary continuation, often more depending on your collective labour agreement. Contact the Juridisch Loket Utrecht for advice.
How long can I expect salary continuation?
The salary continuation period during illness is a maximum of 2 years (104 weeks). Thereafter, you can apply for a WIA benefit.
What if my employer does not pay?
If your employer does not pay salary during illness, you can take legal action via the District Court Midden-Nederland or seek assistance from the Juridisch Loket Utrecht.
What are my obligations during illness?
You are obliged to cooperate with reintegration and accept suitable work. Refusal may lead to termination of salary continuation.
What happens after 2 years of illness?
After 104 weeks, the employer's obligation to continue salary payments ends. You can then apply for a WIA benefit via the UWV.