Occupational Physician and Labour Expert in Leiden
The occupational physician and labour expert are essential in managing sick leave and promoting reintegration in Leiden.
What does an Occupational Physician do?
An occupational physician is a medical expert in the field of work and health. This professional assesses whether an employee is unable to work and provides advice on possible reintegration trajectories.
Responsibilities of an Occupational Physician
- Analysis of incapacity for work
- Drafting a problem analysis
- Advice on work load and possibilities
- Support in reintegration processes
Second Opinion from an Occupational Physician
If an employee disagrees with the conclusion of the occupational physician, he or she has the right to a second opinion from an independent occupational physician.
Role of the Labour Expert
The labour expert analyses which tasks an employee can still perform, taking into account any limitations, and seeks suitable solutions.
Expert Judgement via UWV
In case of disagreement between employee and employer, an expert judgement can be requested from the UWV for an independent assessment.
Legal frameworks: [Working Conditions Act](https://rechtshulpdelft.nl/encyclopedie/risicoinventarisatie-en-evaluatie), Gatekeeper Improvement Act
Frequently Asked Questions about Work and Health
What are my rights as an employee in Leiden?
As an employee, you have the right to a safe workplace, a fair salary, paid holiday days, and protection against discrimination or unfair treatment.
Can my employer dismiss me without reason?
No, dismissal usually needs to be approved by the UWV and must be based on valid reasons. Prior warnings are often required.
How many holiday days am I entitled to?
You are entitled to at least 20 paid holiday days per year, unless your employment contract states otherwise. These days must be granted upon request.
What is a collective labour agreement and what does it mean for me?
A collective labour agreement (CLA) is an agreement between employers and trade unions on matters such as salary, working hours, and other employment conditions.
What should I do in case of sick leave?
In case of illness, you must immediately inform your employer. You are entitled to continued salary payment during the first two years of illness.
Frequently Asked Questions specifically about Occupational Physician and Labour Expert
What distinguishes an occupational physician from a labour expert?
An occupational physician focuses on medical assessments of incapacity for work and advice on capacity for work, while a labour expert seeks suitable work within your physical or mental limits. Their collaboration is crucial for successful reintegration, but their areas of focus differ.
When can I request a second opinion?
You may request a second opinion if you doubt the occupational physician's judgement on your situation. This right is legally established, and your employer must cooperate. The UWV can provide support in disputes.
What does an expert judgement from the UWV entail?
An expert judgement from the UWV is an independent evaluation of your incapacity for work or reintegration process. This can be requested in conflicts regarding, for example, your work load or reintegration plan. The UWV's judgement is binding and can help resolve disputes.
Is my employer obliged to cooperate with my reintegration?
Yes, under the Gatekeeper Improvement Act, your employer must actively contribute to your reintegration. This includes drawing up a plan with you and the occupational physician to facilitate your return to suitable work. In case of negligence, you can raise this with the UWV.
Can I ignore the advice of the occupational physician?
It is possible not to follow the occupational physician's advice, but this may have consequences, such as termination of continued salary payment or dismissal. Always consult with the occupational physician first or request a second opinion before making a decision.
What happens after two years of illness if I still cannot work?
After two years of illness, the UWV determines whether you qualify for a WIA benefit. The occupational physician and labour expert prepare reports to support this assessment. If you are less than 35% incapacitated for work, you will not receive a benefit and your employer may need to seek other solutions.
Relevant institutions in Leiden:
District Court of The Hague, Leiden Location
Legal Aid Office Leiden, Stationsweg 46