After 88 weeks of illness, the sick employee can apply for WIA ("Work and Income according Labour capacity Act") benefits. In principle, the UWV must make a decision within eight weeks of receiving the WIA application. The decision period can be extended, but the UWV must inform the employee in writing. The UWV still has a severe shortage of insurance physicians, as a result of which WIA decisions are often not made in time.
The employer must continue to pay employee's wages during illness for 104 weeks. In case of a wage penalty by the UWV, the obligation to continue paying wages and the ban on dismissal during illness are extended by a maximum of 52 weeks. The UWV can no longer impose a wage penalty if the 104-week period has expired and the WIA application has been submitted on time. There is no longer a ban on dismissal during illness if the aforementioned term of 104 weeks has expired, the WIA benefit has been applied for in time and no wage penalty has been imposed. In such a case, can the employer proceed to dismiss the employee for long-term disability without a WIA decision? The answer is yes. For example, if the employer can agree on a settlement agreement with the employee. Sometimes the employee does not want to sign a settlement agreement because a WIA decision has not yet been received. In that case, it is possible to apply to the UWV for a dismissal permit. The employer must substantiate the dismissal request without a WIA decision by other means. Besides a statement from the company doctor, the employer must at least provide information on the course of the illness, the first day of illness, recovery (employability) and the reintegration activities carried out.