Health Law (ZW)
The Health Law is a safety-net for people who do not have an employer (any more) because they are no longer to carry out their work as a result of illness or an accident.
- Employees whose temporary contract expires during an illness,
- people with a special form of employment: those who work at home, paid trainees on placement, commission workers,
- performing artists who work in accordance with the Scheme for Artists (Artiestenregeling).
The Health Law is administered by the UWV Work and Benefits agency.
Application and duration of paid sick leave
You have to tell your employer about sickness or pregnancy if you are still employed. If not, you must report that to your contact at the UWV Work and Benefits agency.
If you are ill and are no longer insured, for instance because you regularly change your job and are occasionally a couple of weeks without work, you can still apply for benefit provided you fall ill within four weeks of the end of the insured period.
Paid sick leave is for a maximum of 104 weeks. If you recover in the meantime but fall ill again within four weeks, the periods of sick leave are added together. The minimal allowance is 70% of your daily wage. The Health Law applies a maximal daily wage. If you are still ill after 104 weeks, your case is considered to see whether you are entitled to benefit on the basis of the Law on Work and Income according to Capacity for Work (WIA).
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During sick leave
You must collaborate on your reintegration, otherwise your sick pay may be stopped. You must ask for permission to go on holiday abroad and you are not allowed to engage in any activity that might obstruct the healing process.
If during your illness you are in receipt of other income besides sick pay, you must report this to the UWV Work and Benefits agency before your sick pay is paid. The UWV Work and Benefits agency takes this income into account and does not give you the full sick pay. In that case the sick pay tops up your original daily wage or pension.
Most entrepreneurs are not covered by the 'ziektewet', In that case, it is even more important to think about reducing the risks of becoming ill.
As an entrepreneur, in certain cases you can take out a voluntary health law insurance to provide you with an income if you fall ill. As a self-employed entrepreneur you can take out a health insurance policy with an insurance company. Bear in mind that this is an expensive insurance. You can consider so-called 'broodfondsen' as an alternative.
If you are pregnant and have an enterprise of your own, you can apply for a Self-employed and Pregnant (ZEZ) allowance.