Wage Continuation Period in Utrecht

Wage Continuation Period in Utrecht

For Utrecht residents, the wage continuation period is a crucial arrangement: employers must continue paying wages for a maximum of 104 weeks during illness. This provides financial stability and promotes reintegration. Upon completion, a WIA assessment by the UWV typically follows, which is relevant for many residents of Utrecht.

What does the wage continuation period mean for Utrecht residents?

If you fall ill in Utrecht, as an employee you are entitled to continued wage payment by your employer for a maximum of two years (104 weeks). This period protects against income loss and encourages active recovery and return to work. Employers not only continue payments but also support your return to the labor market.

The law applies to all employees with a contract in Utrecht, unless there are deviating collective bargaining agreement (CBA) or contract provisions. Self-employed individuals (ZZP'ers) in the city must arrange their own insurance for illness.

Legal basis

At the core is Article 7:629 of the Dutch Civil Code (DCC): employers must continue paying wages, unless the illness is not at their expense – which it is in case of illness. In addition:

• Article 7:630 DCC: Rules for the wage amount.
• Gatekeeper Improvement Act: Reintegration obligations, such as a Plan of Action.
• Article 7:658a DCC: Penalties for non-compliance, such as wage suspension or dismissal.

CBAs in Utrecht sectors may offer more favorable conditions, but never less than the law requires. Check your CBA for details.

Duration and amount of continued payment

The 104 weeks consist of two phases:

The daily wage is calculated based on the previous year, including holiday pay and extras. Holiday days do not count against the period.

What falls outside the 104 weeks?

Maternity leave pauses the counter; probationary periods or dismissal do not.

Rights and obligations of employer and employee in Utrecht

For the employee

• Right to wages: Full entitlement under law or CBA.
• Right to assistance: Consultations with occupational physician and experts.
• Obligations: Report illness within 24 hours, cooperate with the plan, accept suitable work.

For the employer

• Right to verification: Assess illness via occupational health service.
• Obligations: Handle report, prepare Plan of Action within 8 weeks, notify UWV for prolonged absence.

In case of violation, you can approach the District Court of Utrecht. Employers risk UWV recovery up to 70% Sickness Benefits Act.

Examples from Utrecht practice

Example 1: Jan from Utrecht falls ill on January 1 (burnout), gross monthly salary €3,000. First year 70% (€2,100), second year the same (CBA). After 104 weeks, WGA via UWV.

Example 2: Marie in Utrecht refuses suitable work elsewhere. Employer suspends wages (Art. 7:629(3) DCC). Court orders resumption.

Example 3: Short flu (2 weeks): Full wages, counts toward the period.

After the period in Utrecht?

After 91 weeks, the employer notifies the UWV for a WIA assessment: IVA, WGA, or no benefit. See also WIA: WGA and IVA.

Frequently asked questions for Utrecht residents

Tips for Utrecht residents

1. Report in writing for proof.
2. Keep all documents from physician/occupational health service.
3. Cooperate with reintegration to avoid sanctions.
4. Check payslips for daily wage calculation.
5. In doubt: Utrecht Legal Aid Office for free advice, or Municipality of Utrecht for extra support.