Wage Continuation Period in Delft
For residents of Delft, the wage continuation period is a crucial arrangement: employers must continue paying wages for a maximum of 104 weeks in case of illness. This provides financial stability, for example for employees at TU Delft or the Municipality of Delft, and promotes reintegration. After it ends, a WIA assessment by the UWV usually follows.
What does the wage continuation period mean for Delft residents?
If you fall ill as an employee in Delft, you are entitled to continued wage payment by your employer for a maximum of two years (104 weeks). This period protects against income loss and encourages your return to work. Employers must not only pay but also contribute to recovery, such as through a local occupational health service.
The law applies to all Delft residents with an employment contract, unless collective bargaining agreements (CBAs) provide otherwise. Self-employed individuals (ZZP'ers) in Delft must arrange their own insurance through private options.
Legal basis
At the core is Article 7:629 of the Civil Code (BW): employers must continue paying wages during illness, unless the employee is at fault. Illness is at the employer's risk.
Additional rules:
- Article 7:630 BW: Details on wage specifications.
- Gatekeeper Improvement Act: Reintegration obligations, including the Action Plan.
- Article 7:658a BW: Penalties for non-compliance, such as wage suspension.
CBAs in Delft sectors may offer more, but never less than the law requires. Check your CBA with local trade unions.
Duration and amount of continued payment
The 104 weeks consist of two phases:
| Phase | Duration | Wage percentage | Minimum |
|---|---|---|---|
| First year | 52 weeks | At least 70% of daily wage | 70% of wage on day before illness, not below minimum wage |
| Second year | 52 weeks | At least 70%, often higher under CBA | CBAs sometimes offer 90%, common in Delft businesses |
The daily wage is calculated based on the previous year, including allowances. Vacation days do not count.
What falls outside the 104 weeks?
Maternity leave pauses the clock; probationary periods or dismissal do not.
Rights and obligations in Delft
For the employee
- Right to wages: Full entitlement under law/CBA.
- Right to assistance: Consultations with the company doctor.
- Obligations: Report illness within 24 hours and cooperate in reintegration.
For the employer
- Right to check: Via occupational health service.
- Obligations: Action Plan within 8 weeks, notify UWV for prolonged absence.
Breach? Approach the sub-district court at the District Court of The Hague. Employers risk UWV recovery up to 70% Sickness Benefits Act.
Practical examples from Delft
Example 1: Jan from Delft, working at TU Delft, reports burnout on January 1. Monthly salary €3,000; employer pays 70% (€2,100) in first and second year. After 104 weeks, WGA via UWV.
Example 2: Marie refuses suitable work. Employer suspends wages (Art. 7:629 BW). District Court of The Hague orders resumption.
Example 3: Short flu (2 weeks): Full wages, counts toward the period.
After the wage continuation period?
From week 91, employer notifies UWV for WIA assessment: IVA, WGA, or no benefit. See also WIA: WGA and IVA.
FAQs for Delft residents
How do I report illness locally?
Promptly, max. 1 day. Follow company rules; late reporting stops wages.
Can an employer shorten the period?
No, minimum 104 weeks. CBAs may extend; non-cooperation is an exception.
Dismissal during illness?
Prohibited in first 2 years (Art. 7:670 BW). Possible after 104 weeks with severance. Contact District Court of The Hague if issues arise.
Temporary contract?
Yes, until end date; then Sickness Benefits Act via UWV.
Tips for Delft residents
- Report in writing for proof.
- Keep occupational health service correspondence.
- Cooperate for sanction-free reintegration.
- Check payslips.
- If in doubt: Legal Aid Office Delft for free advice or Legal Assistance.