Long-term disability as grounds for dismissal

Long-term disability occurs when an employee has been ill for more than 2 years. For the first two years, the employer must continue to pay the salary and there is a prohibition on dismissal. After 104 weeks, the employer may stop paying the salary and a dismissal permit may be requested from the UWV.

Conditions for dismissal

The conditions to qualify for a dismissal permit due to long-term disability are:

1) the employee has been ill for more than 104 weeks
2) and it is likely that the employee will not recover within 26 weeks to perform the stipulated function, possibly in an adjusted form, or in other suitable vacancies.

WIA in case of dismissal request for long-term disability

The employer will have to submit a WIA application to the UWV when requesting the dismissal. It is important whether the employee is definitely no longer fit for work. The parties can also sign a settlement agreement on the grounds of long-term occupational disability. The employer can then ask the UWV for the transition allowance back; there is a fund for this so it is advisable to be aware of it. Otherwise, an employee will remain in service. This is called dormant employment.

Long-term Corona complaints

This dismissal ground of long-term disability is particularly topical now that at least 500 healthcare professionals with long-term corona complaints will soon be sick for 2 years and will end up in the WIA. I refer to the article below from the FD (a Dutch newspaper) dated 22 January 2022.

https://fd.nl/samenleving/1427876/honderden-zorgmedewerkers-met-long-covid-moeten-vrezen-voor-baan-oxa2ca7qce3W

Questions about this topic or any other question in the field of employment law? You can call me Eva Jongepier lawyer employment law.