In the event of incapacity for work, the employee is entitled to continued wage payment. The CLA Retail Non-Food prescribes the following schedule for wage payment during long-term illness:
Week 1 – 26: 100% of the gross salary
Week 27 – 52: 90% of the gross salary (although at least statutory minimum wage)
Week 53 – 78: 80% of the gross salary
Week 79 – 104: 100% of the gross salary
Per instance of sickness, 1 qualifying day may be withheld. The employer is not required to pay wages for qualifying days. The employer is permitted to settle a qualifying day through non-statutory holiday leave hour entitlements, or with the salary or with compensation days/hours, unless agreed differently with the Works Council. Per year, four qualifying days at most may be settled through holiday leave hours or deducted from the salary.
WIA (work and income Act)
After 104 weeks of illness, an employee may be entitled to a WIA-benefit from the State. This is determined by the government organization UWV. They perform a check whether the reintegration efforts of employer and employee are sufficient. Furthermore, they decide if the expected income loss for the employee is higher than 35%. If it is below 35% and Unemployment Benefit may be provided instead.
The first check of UWV is crucial for employers. If the efforts of employer and employee are sufficient, employer may stop paying wages after 104 weeks and may look into dismissal options. If however the efforts are not deemed sufficient, UWV may impose a sanction, which is a 3rd year of continued wage payment.
To successfully pass this UWV-check, employers must comply with all deadlines mentioned in the Gatekeeper Act.
In several laws, together called the Gatekeeper Act, re-integration efforts combined with strict deadlines are imposed on employers during long-term illness of an employee. The following scheme applies:Download flowchart
Occupational Health Service
As employer it is obliged to have a contract with an occupation health service. This can be a basic contract or a full service contract. Don’t hesitate to contact our insurance company Inretail Verzekert for an offer.
An Occupational Health Service assists in reintegrating a long-term ill employee and schedules consults with an occupational health physician if needed. Also, employees must be able to schedule consults at their own initiative to prevent possible incapacity for work.
When problems arise during the reintegration process it is import to act swiftly as employer. Don’t hesitate to contact our in case of questions.
INretail can support employers during all aspects of re-integration. From the first report of illness to a possible dismissal after 104 weeks.