Sickness Benefits Regulations for Flex Workers and Temporary Agency Workers in Leiden
The Sickness Benefits Act (Ziektewet, ZW) provides important support for employees in Leiden who become ill without their employer continuing to pay their salary. This is particularly relevant for flex workers, temporary agency workers, and people with temporary contracts.
Who is Eligible for Sickness Benefits?
You can apply for a sickness benefit if you:
- Are ill and your temporary contract expires
- Become ill as a temporary agency worker
- Are an on-call worker without a fixed employment contract
- Become ill during unemployment (with unemployment benefits)
- Are pregnant or have recently given birth
- Are an organ donor
- Have a no-risk policy
End of Continued Wage Payment
In a permanent employment relationship, you receive at least 70% of your wage from your employer for 2 years. In a temporary employment relationship, this payment stops as soon as your contract ends.
Practical Example
Suppose your contract runs until 1 July and you become ill on 1 April. Your employer pays your wage until 1 July, after which you can claim sickness benefits (provided you are still ill).
How Much is the Sickness Benefit?
| Period | Percentage of Daily Wage |
|---|---|
| First 52 weeks | 70% |
| Weeks 53 to 104 | 70% |
A maximum daily wage applies, and the benefit is never lower than the minimum wage.
How Do You Apply for Sickness Benefits?
Step 1: Report Illness
Report your illness to your employer or temporary agency. If your contract expires, you must report sick to the UWV.
Step 2: Submit Application
Submit your application via Mijn UWV, no later than 3 days after the end of your contract.
Step 3: Start of the Benefit
There is no waiting period; the benefit starts immediately after the end of your contract.
Specific Rules for Temporary Agency Workers
Temporary agency workers in Leiden are subject to additional conditions:
- Within the first 78 weeks: the temporary agency continues payment or you receive sickness benefits
- The Collective Labour Agreement for Temporary Agency Workers determines the precise rules
- Without temporary agency clause: continued wage payment by temporary agency
- With temporary agency clause: contract ends and you fall under the Sickness Benefits Act
Sickness Benefits and Pregnancy
Pregnant women have additional rights:
- Maternity leave: 4 to 6 weeks before the birth
- Childbirth leave: At least 10 weeks after the birth
- Benefit: 100% of daily wage
- Also after contract end, entitled to full benefit
No-Risk Policy in the Sickness Benefits Act
With a no-risk policy, you are entitled to sickness benefits in case of illness. This applies to:
- Employees who were ill at the start of employment
- Employees with a WIA benefit who work
- Wajong benefit recipients
- Older unemployed persons (56+) from unemployment benefits
The employer pays the wage but receives compensation via the Sickness Benefits Act.
Obligations under Sickness Benefits
Recipients of sickness benefits must comply with:
- Availability: The UWV must be able to contact you
- Recovery promotion: Follow necessary treatments
- Reintegration: Actively work towards return to work
- Control appointments: Attend appointments with the insurance physician
- Report changes: Report recovery, work, or relocation
Possible Sanctions
If obligations are not met, the UWV may impose penalties:
- Reduction of benefit (5-100%)
- Temporary suspension
- Definitive termination
Transition from Sickness Benefits to WIA
After 104 weeks (2 years) of illness, eligibility for a WIA benefit is assessed. The Sickness Benefits Act ends and you may transition to:
- WGA (35-80% disabled for work)
- IVA (80-100% permanently disabled for work)
- No benefit (less than 35% disabled for work)
Sickness Benefits in Combination with Unemployment Benefits
If you become ill during unemployment benefits:
- First 13 weeks: unemployment benefits continue
- After 13 weeks: transition to sickness benefits
- Upon recovery: unemployment benefits resume for the remaining period
Objection and Appeal in Leiden
Disagree with a UWV decision on your sickness benefits?
- Objection: Submit within 6 weeks to the UWV
- Appeal: Within 6 weeks to the District Court of The Hague, Leiden location
For legal assistance, you can go to Juridisch Loket Leiden, Stationsweg 46.
Frequently Asked Questions
What is the Duration of Sickness Benefits?
Maximum 104 weeks (2 years), or shorter if you recover.
Does Sickness Benefits Count Towards Unemployment Benefits Entitlement?
No, periods in sickness benefits do not count towards the unemployment benefits week requirement.