Termination of contract due to incapacity for work

If you are ill for an uninterrupted period of 21 months, a procedure can be started after 24 months of illness to dismiss you due to prolonged incapacity for work. This procedure is based on the ZANU Regulations (Illness and Incapacity Regulations for Dutch Universities).

Conditions

A few conditions must be met before you can be dismissed due to continuing incapacity for work:

  • Your incapacity for work must be at least 35% in the opinion of the UWV.

  • At the time of dismissal you must have been ill for an uninterrupted period of at least 24 months.

  • It is unlikely that you will recover within a period of six months after 24 months of illness.

  • There are no realistic redeployment possibilities within Leiden University.

Procedure

During your incapacity absence, your manager, the HR department and the University doctor are required to support you in the best way possible. Both you and the University have to keep to the reintegration commitments agreed between you.

Once you have been ill for an uninterrupted period of 21 months, you may be invited to a meeting about the dismissal procedure. After this meeting you will receive a letter detailing the contents of the meeting and the further procedure.

The Sickness and Reintegration Procedure consists of the following steps:

  • A redeployment investigation is carried out.

  • The occupational physician will carry out a medical examination.

  • You send the completed WIA benefit application form¬†(only available in Dutch) to the UWV.

  • The UWV evaluates whether the procedure has been followed correctly, and the work incapacity procedure is then continued at the UWV.

  • You are dismissed due to incapacity for work. In principle, no notice period applies here.


If you have been ill for two years, you may be entitled to the WIA benefit and, on the basis of this, also to non-statutory benefits on the basis of the ABP Occupational Disability Pension (Arbeidsongeschiktheidspensioen).

Further information

 

Last Modified: 02-11-2016