The Eligibility for Permanent Incapacity Benefit (Restrictions) Act is characterised by a fixed procedure and requires that certain steps are taken within the following periods of time by you, your supervisor, the Occupational Health Officer and the Employee Insurance Agency (UWV).
Problem analysis of long-term absenteeism
If it looks as though you are going to be ill for a longer period of time, you will be invited to an interview by the Occupational Health Officer. He/she will provide you and your supervisor with an analysis of your situation within six weeks after your first sick day.
This problem analysis will include:
- A description of your complaints;
- The suggested treatment and the prognosis;
- A description of how your illness affects your performance;
- A list of other circumstances that affect your performance and your reintegration.
On the basis of this analysis, the Occupational Health Officer will advise your supervisor on the specific steps that will need to be taken for your recovery and reintegration. This reintegration plan will be added to your personnel file. You will also receive a copy of this plan, so make sure that you keep it in a safe place.
Cancelling travel allowance for commuting and home working compensation
If you are ill, you can not submit travel allowance for commuting and home working compensation. This applies until the moment that you return to work.
Plan of action
You will draw up a plan of action with your supervisor and personnel officer within two weeks of receiving your problem analysis. This will clarify what is expected of you in both the short term and the long term. Once you and your supervisor have agreed on the plan of action, it will be added to your personnel file. You will also receive a copy of this plan, so make sure that you keep it in a safe place. If you and your supervisor disagree on the plan of action, you are both entitled to seek a second opinion from the UWV.
Changing your flexible working time arrangement
Your flexible working time arrangement will be changed to standard working hours. Find out more about flexible working hours and standard working hours.
Expert occupational opinion
Your supervisor will ask the Occupational Health Officer to make a list of the positions that you could potentially fill even with your limitations. This is called a list of job options (FML). You and your manager will work together with an occupational health consultant in order to establish the options that are available within your own position, a customised position or, if necessary, a position outside Radboud University. The occupational health consultant will then draw up a report of his/her findings.
Reporting your absence to the UWV
The HR officer will report your absence no later than 42 weeks after your first sick day.
Reporting your absence to Loyalis
If you have a supplementary disability insurance policy with Loyalis (Radboud University’s collective insurance provider), they will be automatically informed about your illness 42 weeks after your first sick day.
If you have been ill for 46 to 52 weeks, you will evaluate your situation with your supervisor. You will then discuss:
- What has happened in the past year;
- Which reintegration activities you have both undertaken;
- The current state of affairs;
- How you both plan to proceed after the first year of your period of illness.
This entire evaluation will be documented and will include:
- A review of the developments from the past year;
- The outcome of the evaluation;
- The agreed goal that has been set for the second year of your period of illness;
- The agreements that have been made in order to achieve this goal.
This report will be added to your reintegration file. It will also be included in the reintegration report that will be submitted to the UWV 21 months after your first sick day.
If there is a lack of certainty about whether you will be able to reintegrate within the university, your supervisor will enlist the help of an outplacement agency within six to twelve months from your first sick day (Track 2). The outplacement agency will work together with you to find a suitable job. This will be done on the basis of the report that was drawn up by the occupational health consultant at the end of the nine-month period. At the same time, you and your supervisor will continue to explore your options for returning to work at the university (Track 1).
Applying for Work and Income (Capacity for Work) Act (WIA) benefits from the UWV
You will need to apply for WIA benefits within 21 months after your first sick day. The WIA is a benefit for anyone who is incapacitated for work due to illness. You will receive a letter about this from the UWV 87 weeks after your first sick day. You are responsible for submitting your application correctly and in good time. The UWV’s letter will tell you which documents you will need to submit with your application.
UWV’s verdict on the WIA benefits
The UWV will assess your application and will consequently examine the following aspects:
- The number of hours that you are able to work (work capacity);
- The type of work that you are able to carry out (employment opportunities);
- The reintegration efforts that have been made;
- The steps that have been taken by the Occupational Health Officer.
If the application is assessed positively, the UWV will decide within two years whether you are entitled to WIA benefits.
Advanced Fully Disabled Persons Income Scheme (IVA)
In the period between the 26th and 104th week, it may turn out that you are no longer able to work. This means that you may be entitled to IVA benefits. In this case, you will need to be examined by the insurance company doctor.
The doctor will verify your complaints and review your potential ability to work. If the doctor believes that you are no longer able to work at all, you will be declared totally unfit for work. However, if he/she reaches a different conclusion, you will be invited to attend an interview with an occupational health consultant. You and the consultant will then review your situation and see what type of work you could still carry out.
You and your supervisor will assess your current situation at least once every six weeks. You will discuss whether the agreements in the the plan of action have been honoured and whether you are still making good progress. The agreements that have been made will need to be revised if anything, such as your medical situation, has changed.
You will also be in contact with the Occupational Health Officer at least once every six weeks. If necessary, the Occupational Health Officer will advise you on whether the plan of action will need to be revised. [Appendix: Click here to see the revised plan of action].
These periodic evaluations will be added to your personnel file. You will also receive a copy of these evaluations, so make sure that you keep them in a safe place.
Payment of wages during your period of illness
You will be paid 100% of your wages for the first 39 weeks of your period of illness.
From the 40th to the 104th week of your period of illness, you will continue to be paid 76% of your wages for the hours that you have not worked. If 76% of your wages is less than the minimum wage, you will be paid the minimum wage (in accordance with your contract of employment).
Continuation of sick leave
If you do return to work and you become sick again within 28 days, this new period of sick leave will fall under your previous period of sick leave.