If you are ill for a long period of time, the Employee Insurance Agency (UWV) will make a decision about your incapacity for work 104 weeks after your first sick day. The UWV will then determine whether you are entitled to Work and Income (Capacity for Work) Act (WIA) benefits, which are benefits for anyone who is incapacitated for work due to illness. The UWV will subsequently examine the amount of income that you are still able to earn. For example, if you are still able to earn half of your previous income, you will be deemed partially (50%) incapacitated for work.
You are entitled to WIA benefits if you have been deemed partially (at least 35%) incapacitated for work. The WIA consists of the:
- Fully Disabled Persons Income Scheme (IVA)
- Return to Work (Partially Disabled Persons) Regulations (WGA)
In addition to the WIA, you may also receive a monthly supplement through the Invalidity Pension (AOP).
Implications for your contract of employment
The decision about your incapacity for work may have implications for your contract of employment. This will depend on the degree to which you have been declared incapacitated for work.
- If you have been deemed less than 35% incapacitated for work, you will make agreements with your supervisor about adapting your work (your day-to-day work and job title) and your contract of employment.
- If you have been deemed 35% to 80% incapacitated for work, Radboud University will help you to find work for the part of your work for which you are incapacitated. This may be work within the university or it may work that is carried out for another employer. The university will subsequently work with in-house or external experts who specialise in the reintegration of staff who are partially incapacitated for work. Your contract of employment will either be adjusted on the basis of the degree to which you are still able to work, or it will be terminated if you leave to take a job with another employer.
- If you have been deemed at least 80% incapacitated for work, your contract of employment will usually be terminated.
Fully Disabled Persons Income Scheme (IVA)
You are entitled to IVA benefits if you have been deemed fully (at least 80%) incapacitated for work and there is little or no chance that you will recover in the long term. In this case, you will receive benefits that are equivalent to 75% of your daily salary (subject to a maximum) up until the time that you reach the state pension age (AOW). Calculate the amount of your IVA benefits (in Dutch).
Return to Work (Partially Disabled Persons) Regulations (WGA)
The basic premise of the WGA is that you will have a chance to partially or fully start working again. Under the WGA regulations, it is always financially beneficial for you to work or for you to work more hours. You are entitled to WGA benefits if:
- You have been deemed partially to fully (35% to 80%) incapacitated for work. You will initially receive WGA salary-related benefits. These salary-based benefits will be paid for a minimum period of three months, depending on your period of employment. You will then be entitled to either WGA salary-related benefits or follow-up benefits up until the time that you reach the state pension age (AOW). Loyalis’ collective income protection insurance will supplement your benefits to at least 70% of the last salary that you earned.
- You have been deemed fully (at least 80%) incapacitated for work with a chance of recovery. You will receive benefits that are equivalent to 70% of the daily salary as long as you are fully incapacitated for work up until the time that you reach the state pension age (AOW). A re-examination will usually be carried out on an annual basis.
WGA salary-related benefits
These benefits are equivalent to 70% of the difference between your final salary (subject to a maximum) and your current salary or new salary. If you do not work, you will receive 70% of your final salary (subject to a maximum).
WGA salary-supplement benefit
You are entitled to WGA salary-supplement benefits if:
- You make use of 100% of your residual earning capacity. These salary-supplement benefits are equivalent to 70% of the difference between your final salary (subject to a maximum) and your current salary or new salary.
- You make use of 50% to 100% of your residual earning capacity. These salary-supplement benefits are equivalent to 70% of the difference between your final salary (subject to a maximum) and the salary that is associated with your residual earning capacity.
Follow-up benefits
If you use less than 50% of your residual earning capacity, you will receive follow-up benefits. The amount of the follow-up benefits will be calculated by multiplying the minimum wage by the benefit percentage. These benefit percentages are determined by the degree of your incapacity for work.