## Problem Analysis of Absenteeism in Leiden
In Leiden, problem analysis of absenteeism is an essential first step under Dutch employment law for employers and employees dealing with sick leave. This structured evaluation examines the underlying causes of absence to distinguish between medical, non-medical reasons, or a combination. It enables quick and effective measures in line with the Gatekeeper Improvement Act, aiming to promote reintegration and avoid long-term absence. Local employers in the Leiden area, such as those at universities or businesses in the city center, can navigate these obligations more effectively as a result.
### What Does Problem Analysis of Absenteeism Involve?
Under Dutch employment law, and particularly relevant in the Leiden work environment, **problem analysis of absenteeism** involves a systematic assessment of the reasons for sick leave. Employers in Leiden must initiate this process upon a sick leave report. It focuses not only on medical diagnoses but also on non-medical factors, such as workplace stress in local offices, personal challenges, or organizational issues. A thorough analysis reveals whether the absence is work-related, enabling targeted solutions, like adjustments in a Leiden warehouse or academic setting.
The analysis must be completed within a week of the report. Employers bear the responsibility, often with support from an occupational health service or occupational physician. This complies with legal requirements and prevents sanctions from the UWV, such as the suspension of wage payments. Residents of Leiden can seek advice on this procedure from the Legal Aid Office Leiden for free guidance.
### Legal Basis of Problem Analysis of Absenteeism
The legal foundation is the **Gatekeeper Improvement Act**, integrated into the Disability Insurance Act (WAO) and the Work and Income (Capacity for Work) Act (WIA). Article 7:658a of the Dutch Civil Code requires employers to maintain the employment contract and find suitable work. The 2001 Gatekeeper Improvement Act established the gatekeeper procedure, with problem analysis as the initial phase.
According to UWV guidelines, employers must create an action plan based on the analysis within a week. Failure to comply can result in penalties, such as an additional year of wage continuation. For employees in Leiden, this provides protection against unfair treatment; in disputes, you can approach the Leiden District Court or the Legal Aid Office Leiden for support.
### How Does Problem Analysis Work in Practice in Leiden?
The process begins with the sick leave report. An employer at a Leiden company invites the employee for a meeting, typically within two days. Questions are asked about symptoms, work conditions—such as busyness in Leiden's hospitality sector or research labs—and possible adjustments. An occupational physician or health and safety specialist evaluates the medical aspects, while adhering to privacy rules under the GDPR.
Steps in the process:
1. **Report and intake:** The employee reports sick; the employer records it and schedules a meeting.
2. **Discussion with the employee:** Exploring causes, such as physical discomfort, work-related stress, or interpersonal tensions.
3. **Medical consultation:** The occupational physician assesses incapacity for work (within a week).
4. **Developing an action plan:** Based on the analysis, with reintegration goals.
5. **Evaluation:** Regular adjustments, especially in the first year of absence.
Collaboration is crucial. Employers may not demand detailed medical information but can request a UWV expert opinion in case of disagreements. The Municipality of Leiden offers additional support through local initiatives for reintegration.
#### Differences Between Medical and Non-Medical Absenteeism
Absenteeism is not always purely medical; the analysis clearly separates the two. An overview:
| Aspect | Medical Absenteeism | Non-Medical Absenteeism |
|-----------------|-------------------------------------|-------------------------------------|
| Cause | Physical or mental condition (e.g., cold, depression) | Work- or personal-related (e.g., high workload, family issues) |
| Approach | Focus on medical care; wage payment up to 104 weeks | Workplace interventions; potentially shorter period |
| Example | Fracture from a home accident | Absence due to conflicts at a Leiden workplace |
| Legal Obligation | Mandatory reintegration plan | Prevention and workplace changes |
### Rights and Obligations in Problem Analysis of Absenteeism
**Rights of the employee:**
- Right to a discreet and respectful meeting.
- Protection against dismissal in the first two periods of absence (unless serious grounds).
- Right to wage continuity (at least 70%, often 100% in the first year).
- Option to file an objection through the works council, UWV, or locally at the Legal Aid Office Leiden.
**Obligations of the employee:**
- Cooperate in the analysis and reintegration (refusal can lead to sanctions).
- Actively share updates on health and capabilities.
- Participate in consultations and discussions.
**Rights of the employer:**
- Access to information about limitations (not diagnosis details).
- Ability to involve experts.
**Obligations of the employer:**
- Conduct an unbiased and timely analysis.
- Develop and implement a plan.
- Avoid discrimination based on health (Equal Treatment Act).
### Practical Examples of Problem Analysis of Absenteeism in Leiden
Consider an employee at a Leiden distribution center who reports sick with back pain. The analysis reveals this stems from intensive lifting at work (a non-medical factor). The employer adjusts duties to lighter tasks, speeding up reintegration. Without this analysis, the absence could persist, potentially involving the Leiden District Court in escalation.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.