Arbeidsongeschikt
Incapacitated for work
Incapacitated for work means that an employee is, by reason of illness or impairment, temporarily or permanently unable to perform his or her work.
Incapacity for work arises when an employee is, for medical reasons, no longer able to perform the agreed work. This may result from an acute condition, a chronic illness or an accident.
Under Dutch employment law, this imposes on the employer an obligation to continue paying wages for a maximum period of two years. After that period, the employee may qualify for a WIA benefit through the UWV.
In practice, an occupational physician determines the degree of incapacity for work on the basis of medical data and the job requirements, following which reintegration obligations apply to both parties.
“Because the employee has already been incapacitated for work for four months, the employer has drawn up an action plan for reintegration.”
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