Wage Continuation Period for Leiden Residents
The wage continuation period comprises the mandatory term of up to 104 weeks during which Leiden residents, as sick employees, are entitled to wages from their employer. This provides financial protection and encourages recovery and return to work in the region. Upon expiry, a WIA assessment by the UWV usually follows.
What does the wage continuation period mean for you in Leiden?
If you fall ill in Leiden, as an employee you are entitled to continued wage payment by your employer for up to two years (104 weeks). This arrangement prevents income loss and promotes reintegration. Employers must not only pay wages but also support your recovery and return to work, for example through local occupational health services.
The law applies to all Leiden residents with a permanent or temporary contract, unless a collective bargaining agreement (CBA) provides otherwise. Self-employed individuals in Leiden (ZZP'ers) must arrange their own insurance, possibly with support from the Municipality of Leiden.
Legal basis
At the core is Article 7:629 of the Civil Code (BW): employers in Leiden must continue paying wages during illness, unless the employee is at fault. Illness falls under the employer's responsibility.
Supplementary provisions:
- Article 7:630 BW: Rules on the amount of wages.
- Gatekeeper Improvement Act: Reintegration obligations, such as an Action Plan.
- Article 7:658a BW: Penalties for non-compliance, such as wage suspension or dismissal.
CBAs in Leiden may offer more, but never less than the law requires. Check your CBA for local arrangements at Leiden-based companies.
Duration and amount of continued wage payment
The 104 weeks are 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 less than minimum wage |
| Second year | 52 weeks | At least 70%, often more per CBA | Often 70-90% depending on Leiden sector |
The daily wage is calculated over the previous year, including allowances. Vacation days do not count against it.
What falls outside the 104 weeks?
Maternity leave pauses the clock; probationary periods or dismissal do not.
Rights and obligations in Leiden
For the employee
- Right to wages: Full entitlement under law/CBA.
- Right to assistance: Consultations with occupational physician, possibly via Leiden occupational health services.
- Obligations: Report illness within 24 hours, cooperate in recovery, accept suitable work.
For the employer
- Right to verify: Assess illness via occupational health service.
- Obligations: Handle promptly, Action Plan within 8 weeks, notify UWV for prolonged absence.
Breach? Approach the District Court of Leiden. Employers risk UWV back payments up to 70% Sickness Benefits Act level.
Examples from Leiden practice
Example 1: Jan from Leiden, working at the university, out sick with burnout on January 1. Monthly salary €3,000: first year 70% (€2,100), second year the same (CBA). After 104 weeks, WGA via UWV.
Example 2: Marie in Leiden refuses adapted work. Employer suspends wages (Art. 7:629 BW). District Court of Leiden orders resumption.
Example 3: Short flu (2 weeks): full wages, still counts.
After the wage continuation period?
At 91 weeks, your employer notifies the UWV for a WIA assessment: IVA, WGA, or no benefit. More info: WIA in Leiden.
Frequently asked questions for Leiden
How do I report illness in Leiden?
As soon as possible, max 1 day. Follow contract rules; late reporting risks wage suspension.
Can my 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. To the District Court of Leiden.
Temporary contract?
Yes, until end. Then Sickness Benefits via UWV.
Tips for Leiden residents
- Report in writing for proof.
- Keep all documents from doctor/occupational health service.
- Cooperate in reintegration.
- Check payslips.
- Problems? Visit Legal Aid Office Leiden for free advice or the Municipality of Leiden.