Legal Assistance in case of Illness and Reintegration

Questioner

I have been working for the same employer for 17 years. Now I have been ill since 1 March 2016 and an occupational health and safety assessment shows that I can no longer perform my current job. As a result, I was transferred to another department within the institution on 24 May 2017, but this was for a vacancy for a fixed period of 1 year. There are currently no other suitable positions available, either internally or externally. What are my rights? The position I have now been assigned is suitable, I am really enjoying it. I am still on sick leave, but that is not really necessary with this position. I work my full contract hours. I would prefer to report myself better, but is that wise? Do I then agree to that annual contract and do I lose the rights I had with my indefinite contract? What is wise to do now?

Lawyer

You can have a conversation with the occupational health physician and discuss that you feel recovered but in this function. And then it can also be considered whether your employer can report you better. This is done via the occupational health physician (or via another department that deals with sick leave and with which you have reintegration conversations). However, if you still cannot do your 'own work', you are in fact not better. You have not yet recovered for your 'own work'. In fact, an employer is obliged to offer 'suitable work' during reintegration. Your employer is obliged to continue paying your salary for 104 weeks, whether or not a percentage of it. It is best to consult with your employer about what it will entail if you want to continue doing this work. Because it may be that you are applying internally for another position. If it concerns another function, then both the salary and accrual of vacation days and money, etc. will be adjusted to that function profile. And if there is a temporary contract attached to it, then that may not change just like that. So is it wise? I think you can judge better if you have had a conversation with your employer about it and ask about the possibilities regarding contract duration and the salary that goes with it. If the vacancy is really definitely for one year, then it may not be wise. Then continue to do this as 'suitable work' and only report better when you can do your 'own work' at full strength again. So the reintegration process will continue. You may then be able to continue doing this 'suitable work' as long as you cannot do your own work. Also to be discussed with the occupational health and safety physician. And if the 104 weeks of continued payment of wages are over and you have not yet recovered for your 'own work', then the continued payment of wages will stop (if your employer has made sufficient reintegration efforts) and the employer will apply for a WIA benefit for you if it really looks like you can no longer do your own work. An assessment will then be made as to whether you are incapacitated for work under the WIA. Hopefully this answer will be of some use to you.