In practice, many (small) employers struggle with the rules governing the obligation to continue paying wages to employees on sick leave. The Ministry of Social Affairs and Employment is therefore introducing, from 1 January 2020, the SME sick leave insurance scheme (among other measures).
Diagram
This will therefore give employers an additional option from 2020 onwards. In a clear schedule The government outlines the advantages and disadvantages of the four ways in which employees’ illness can be managed:
- no insurance;
- insurance covering continued payment of wages, without support;
- insurance covering continued payment of wages, with support;
- SME Absenteeism Cover Insurance.
The SME sick leave insurance policy is taken out by the employer with a commercial insurer. This option was established on the basis of an agreement concluded in 2018 between the government, the insurers’ association and the employers’ organisations framework agreement.
Other changes
In addition to the introduction of the SME sick leave insurance scheme, a number of changes are being implemented to make it easier for employers to comply with all the rules relating to employees on sick leave.
This makes it clearer what criteria the UWV uses to assess employers in the context of the return to work of an employee on sick leave (the RIV assessment).
In addition, the employee will play a greater role under the so-called ‘second track’ scheme. Under this scheme, the employee does not return to their previous job after their sick leave, but instead takes up a position with another employer. The second track also allows for greater scope for experimentation, which increases the chances of successful reintegration with another employer.
Finally, with effect from 1 January 2021, the occupational health doctor’s medical advice will take precedence. The UWV’s medical adviser will then no longer issue a separate medical opinion.