Rights in case of illness and zero-hours contract: what to do?

Questioner

I have a 0-hour contract but have been employed since September 2012 and my contract is extended annually for three years... now I have to have surgery on my knee, will I still have an income or do I have to apply for benefits? because not working means no money.

Lawyer

You are also entitled to continued payment of wages during illness as an on-call worker. The employer must look at the average number of hours that you worked in the 13 weeks prior to your operation and must take the average of this. You will receive at least 70% of your wages during illness based on this average number of hours.

Questioner

They say I will be paid for my scheduled hours until the end of the month but what if I need longer than the end of the month to recover?

Lawyer

That depends, I can't tell exactly from your question until when your contract runs. Suppose your contract ends at the end of the month: then your employer must report you sick and you will receive a sickness benefit from the UWV (if you are not better by then). If your contract 'simply' continues, the employer must also continue to pay you until you are better again. They also do not have to pay you your 'scheduled hours', but the average over the past 13 weeks, as I described above.

Questioner

My contract runs until September this year and I have been working an average of 20 hours a week since September 2012.