Sickness Benefits Regulations for Flex Workers and Temporary Agency Workers in Utrecht
The Sickness Benefits Act (ZW) serves as a safety net for employees in Utrecht who become ill and have no employer who continues to pay their wages. This is particularly relevant for flex workers, temporary agency workers and people with a temporary contract that expires.
Who is Eligible for Sickness Benefits?
In Utrecht, you can apply for a sickness benefit if you meet one of the following criteria:
- Your temporary employment contract ends while you are ill
- You work as a temporary agency worker and become ill
- You are an on-call worker without a permanent position
- You are unemployed and become ill (with a WW benefit)
- You are pregnant or have recently given birth
- You are an organ donor
- You fall under a no-risk policy
End of Wage Continuation
In a permanent employment relationship, your employer is obliged to continue paying at least 70% of your salary for 2 years. In a temporary contract, this obligation ends as soon as the contract expires.
Practical Example
Suppose your contract expires on 1 July and you become ill on 1 April. Your employer continues to pay your wages until 1 July. If you are still ill after that, you can apply for a sickness benefit in Utrecht via the UWV.
How Much is the Sickness Benefit?
| Period | Percentage of Daily Wage |
|---|---|
| First 52 weeks | 70% |
| Weeks 53 to 104 | 70% |
A maximum daily wage applies. The benefit is at least the minimum wage.
How Do You Apply for a Sickness Benefit in Utrecht?
Step 1: Report Illness
Report your illness to your employer or temporary employment agency. If your contract expires, you must report sick to the UWV in Utrecht.
Step 2: Submit Application
Submit your application for a sickness benefit via Mijn UWV. This must be done within 3 days after the end of your contract.
Step 3: Start of the Benefit
There is no waiting period; the benefit starts immediately after the expiry of your contract.
Specific Rules for Temporary Agency Workers in Utrecht
The following conditions apply to temporary agency workers:
- In the first 78 weeks of illness, the temporary employment agency often continues to pay, otherwise you qualify for sickness benefits
- The Collective Labour Agreement for Temporary Agency Workers determines the precise rules
- Without a temporary agency clause, the agency continues to pay
- With a temporary agency clause, the contract ends and you receive a sickness benefit
Sickness Benefits in Pregnancy
Pregnant women in Utrecht have additional rights:
- Maternity leave: 4 to 6 weeks before the due date
- Childbirth leave: At least 10 weeks after giving birth
- Benefit: 100% of your daily wage
- Also after termination of contract, entitled to full benefit
No-Risk Policy in Utrecht
Employees with a no-risk policy are entitled to a sickness benefit in case of illness. This applies inter alia to:
- People who were already ill at the start of their employment
- Employees with a WIA benefit who return to work
- Wajong benefit recipients
- Older unemployed persons (56+) who accept a job from WW
The employer continues to pay the wages and receives reimbursement via the Sickness Benefits Act.
Obligations with a Sickness Benefit
If you receive a sickness benefit, you must comply with certain rules:
- Reachability: The UWV must be able to contact you
- Promote recovery: Follow necessary treatments
- Reintegration: Actively cooperate in returning to work
- Control appointments: Attend the insurance physician
- Report changes: Report recovery, new work or moving
Possible Sanctions
If you do not comply with the obligations, the UWV may impose sanctions:
- A reduction in your benefit (5-100%)
- Temporary suspension of the benefit
- Definitive termination
Transition from Sickness Benefits to WIA
If you are still ill after 104 weeks (2 years), it will be assessed whether you qualify for a WIA benefit. The sickness benefit ends and you can transition to:
- WGA (for 35-80% work disability)
- IVA (for 80-100% permanent work disability)
- No benefit (for less than 35% work disability)
Sickness Benefits and WW in Utrecht
If you receive a WW benefit and become ill:
- The first 13 weeks your WW benefit continues
- After 13 weeks you receive a sickness benefit
- Upon recovery, your WW resumes for the remaining period
Objection and Appeal in Utrecht
If you disagree with a decision on your sickness benefit, you can:
- File an objection: Within 6 weeks with the UWV
- Lodge an appeal: Within 6 weeks with the District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
For legal assistance, you can contact the Juridisch Loket Utrecht, Catharijnesingel 55.
Frequently Asked Questions
How Long Can I Receive a Sickness Benefit?
Maximum 104 weeks (2 years), or until you have recovered.
Do I Build Up WW Rights During Sickness Benefits?
No, the period in sickness benefits does not count towards the WW week requirement.