Sickness Benefits Recovery Obligation: Your Duties During Illness in Leiden
If you are ill in Leiden or the surrounding area without an employer, you can apply for a Sickness Benefits Act (ZW) benefit. A crucial condition is the recovery obligation: you must reasonably do everything to recover as soon as possible. This obligation is laid down in the law and is key to your benefit. What does this mean for you? And what about returning to work? We explain it, with local references to the District Court of The Hague, Leiden Location and Juridisch Loket Leiden, Stationsweg 46.
What Does the Recovery Obligation Entail Under the Sickness Benefits Act?
The recovery obligation requires you as a ZW beneficiary to actively contribute to recovery, so that you can work again. Concretely, this means:
- Following the instructions of your general practitioner, specialist or therapist in Leiden.
- Cooperating in rehabilitation or return-to-work programs.
- Not obstructing your own recovery, such as ignoring treatments without a valid reason.
- Keeping your (ex-)employer and UWV up-to-date on your condition and limitations.
Legal Basis of the Recovery Obligation
The obligation is firmly anchored in legislation:
- Sickness Benefits Act Article 40: Obligation to cooperate in recovery; UWV requests updates on health.
- Awbz Article 41: Must follow medical instructions, e.g. in rehabilitation.
- Implementation Decree ZW Article 2.10: Requirements for providing information to UWV and employer, including medical reports or recovery plans.
Practical Examples of Recovery Obligation in Leiden
Below are examples from practice:
Example 1: Refusing Physiotherapy
Situation: After surgery at the LUMC, your doctor advises physio in Leiden. You skip sessions.Consequence: UWV may suspend your benefit. Appeal possible at District Court of The Hague, Leiden Location, provided you demonstrate a medical contraindication.
Example 2: Rejecting Employer's Recovery Plan
Situation: Ex-employer offers phased return to work. You refuse.Consequence: If it is a reasonable, doctor-approved plan, you must cooperate, otherwise the benefit stops. Seek advice at Juridisch Loket Leiden, Stationsweg 46 or obtain medical advice.
Example 3: Ignoring UWV Requests
Situation: UWV asks for information about recovery, you do not respond.Consequence: Immediate sanction. Contact the Juridisch Loket for free assistance with objection.
What If Your Employer Wants You Back?
If your ex-employer steps in, you must cooperate in suitable work. Is it not feasible? Have an occupational physician assess it. In case of conflict: go to UWV or the local court. Local tips: Visit the Juridisch Loket Leiden for intake (Stationsweg 46) or check hearings at District Court of The Hague, Leiden Location.
Strengthen Your Rights
Keep records, follow all advice and communicate in writing. In case of uncertainties: free clinic at Juridisch Loket Leiden or legal assistance via the Court. This way you retain your benefit and avoid problems.