Wage Continuation Period in Den Haag
The wage continuation period requires employers in Den Haag to continue paying wages for up to 104 weeks to employees who report sick. This provides financial stability for residents of Den Haag during illness and promotes reintegration. At the end, a WIA assessment by the UWV usually follows.
What does the wage continuation period mean for Den Haag?
In Den Haag and surrounding areas, sick employees are entitled to wage continuation from their employer for up to two years (104 weeks). This arrangement protects against income loss and encourages recovery and return to work. Employers must not only pay but also cooperate in reintegration through the occupational health physician.
The law applies to all employees with a contract, unless a collective bargaining agreement (CBA) or individual agreement states otherwise. Self-employed individuals (ZZP'ers) in Den Haag must arrange their own health insurance through the municipality or private options.
Legal basis
At the core is Article 7:629 of the Dutch Civil Code (BW): employers must continue paying wages during illness, unless the employee is at fault. Illness falls under the employer's responsibility.
Additional rules:
- Article 7:630 BW: Specifies the exact amount of wages.
- Gatekeeper Improvement Act: Requirements for reintegration plans.
- Article 7:658a BW: Penalties such as wage suspension for non-compliance.
CBAs in Den Haag sectors may offer more, but never less than the law requires. Check your CBA or contact the Legal Aid Office Den Haag.
Duration and amount of the benefit
The period is divided into two phases:
| Phase | Duration | Wage percentage | Minimum |
|---|---|---|---|
| First year | 52 weeks | At least 70% of daily wage | 70% of wage on day before illness, not below minimum wage |
| Second year | 52 weeks | At least 70%, often higher under CBA | Often 70-90% depending on CBA |
The daily wage is calculated based on the previous year, including allowances. Vacation days do not count against the period.
What falls outside the 104 weeks?
Maternity leave pauses the clock; probationary periods or dismissal do not.
Rights and obligations in Den Haag
Employee
- Right to wages: Full entitlement under law/CBA.
- Right to support: Consultations with occupational health service.
- Obligations: Report within 24 hours, cooperate with the plan.
Employer
- Right to verification: Via occupational health physician.
- Obligations: Action Plan within 8 weeks, notification to UWV.
Breach? Proceed to the District Court of Den Haag. Employer risks UWV back payment up to 70% under the Sickness Benefits Act.
Examples from Den Haag
Example 1: Civil servant Jan from central Den Haag reports burnout on January 1. Monthly salary €3,200: first year 70% (€2,240), second year the same (municipal CBA). After 104 weeks, WIA via UWV.
Example 2: Marie from Scheveningen refuses alternative work. Employer suspends wages (Art. 7:629 BW). Den Haag court orders resumption.
Example 3: Short flu: full payment, still counts toward the period.
After the period in Den Haag?
After 91 weeks, the employer notifies the UWV for WIA. Possible outcomes: IVA, WGA, or nothing. See WIA: WGA and IVA.
FAQ
How quickly to report in Den Haag?
Immediately, max 1 day. Follow contract rules to avoid suspension.
Can employer shorten the period?
No, minimum 104 weeks. CBA may adjust but not shorten, unless non-cooperation.
Dismissal during illness?
Prohibited in first 2 years (Art. 7:670 BW). After 104 weeks possible with severance. Go to District Court of Den Haag for issues.
Temporary contract?
Yes, until end date. Then Sickness Benefits Act via UWV.
Tips for Den Haag
- Report in writing for proof.
- Keep occupational health documents.
- Cooperate in reintegration.
- Check payslips.
- Problems? Visit Legal Aid Office Den Haag for free advice or District Court of Den Haag.