The Eligibility for Permanent Incapacity Benefit (Restrictions) Act, known in Dutch as the Wet verbetering poortwachter, plays a critical role in the rehabilitation of employees who are unable to work due to illness or disability. This Act mandates that both the employer and the employee share responsibility in ensuring that the employee can return to work as effectively and quickly as possible. Here’s a comprehensive overview of what this Act entails, and how both parties can comply with its requirements.
Continued Salary Payment
One of the key obligations under this Act is the employer’s responsibility to continue paying the sick employee’s salary. Specifically, the employer must pay at least 70% of the employee’s last-earned salary for up to two years. If the employer fails to demonstrate sufficient efforts to facilitate the employee’s rehabilitation, they may be required to continue paying the employee’s salary into the third year as well. This underscores the importance of adhering to the rehabilitation protocols set forth by the Act.
Obligations Under the Act
The Act outlines specific obligations that both employers and employees must fulfill, beginning as early as the first week of the employee’s illness.
Year 1: Initial Absence Management
- Day 1: Reporting Absence
As soon as the employee reports sick, the employer must notify the occupational health and safety service, such as ArboNed, which uses the online system Vandaag to manage and track absences. - Week 6: Problem Analysis
By the sixth week of absence, a company doctor must conduct a Problem Analysis. This analysis includes an assessment of the employee’s limitations and potential for returning to work, along with any obstacles that may hinder rehabilitation. This analysis is crucial as it forms the foundation for the subsequent Action Plan. - Week 8: Action Plan
The Action Plan is developed collaboratively between the employer and the employee, based on the Problem Analysis. This plan outlines the steps both parties will take to achieve the goal of rehabilitation, including appointing a case manager to monitor progress. The plan is dynamic and must be reviewed and adjusted every six weeks, with regular input from the company doctor. - Week 42: Notification to UWV
In the 42nd week, the employer must notify UWV (the Employee Insurance Agency) of the employee’s continued absence. - Week 52: First-Year Evaluation
After nearly a year of absence, the employer and employee must complete UWV’s first-year evaluation. ArboNed typically facilitates a consultation with the company doctor before this evaluation to ensure that all parties are aligned.
Year 2: Ongoing Rehabilitation Efforts
- Week 87: Rehabilitation Report
If the employee has not fully returned to work after 91 weeks, a rehabilitation report must be prepared. This report, which is essential for applying for WIA (Work and Income According to Labor Capacity) benefits, details the rehabilitation efforts made by the employer, employee, and company doctor. - Week 93: WIA Review
The UWV reviews the rehabilitation report to assess whether both the employer and employee have made adequate efforts to facilitate the employee’s return to work. If the employee has not contributed sufficiently to their own rehabilitation, they may be denied WIA benefits. Conversely, if the employer is found to have not fulfilled their responsibilities, they may face penalties.
Complying with the Act
To ensure compliance with the Eligibility for Permanent Incapacity Benefit (Restrictions) Act, employers can benefit from subscribing to absence management services like those offered by ArboNed. These services provide the necessary tools and support to help employers meet their statutory obligations and avoid penalties.
Conclusion
The Eligibility for Permanent Incapacity Benefit (Restrictions) Act is a comprehensive framework designed to encourage the timely and effective rehabilitation of sick or disabled employees. By understanding and adhering to the responsibilities outlined in this Act, both employers and employees can work towards a successful return to work, minimizing the impact of long-term absence on both the employee’s well-being and the company’s operations.
For employers seeking to ensure compliance and streamline their absence management, ArboNed’s absence management subscriptions offer tailored solutions to meet these needs.
