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Working from home: is that really allowed?

Surviving the heat at work; it's a recurring theme. Ideally, you would simply leave your work for what it is with these temperatures and sit on the beach. But the work has to be done anyway and you don't have many days off. Then get on with it. If you find the heat at your workplace unbearable, can you actually just decide to work from home? Or in another place? First of all, it really matters what kind of work you do. If you have a job in healthcare, construction or if you work with certain equipment, then working elsewhere will of course be a difficult story. But if you have work that you can do from anywhere, it is often up to you and your employer to make mutual agreements about working from home.   Your employment contract may contain agreements about work locations and working from home. In principle, what it says there is binding and you have to stick to what you and your employer have agreed upon. But if the work...

Illness, absenteeism and reintegration

Sickness and absenteeism: it has been a hot topic on the labor market for years. Absenteeism in our country is constantly increasing and often the cause is psychological and/or work-related.

For example, absenteeism due to illness was 4.2% in 2018, while it was still 3.5% in 2016 (ArboNed figures). In larger companies, people are absent the most, in SMEs the least.

Fortunately, the vast majority of absenteeism is short-lived. On average, employees are sick seven days a year (TNO study 2014-2017), and in case of illness 70% return to the workplace within a week. About 20% are back at work within six weeks.

If you are out of the running for longer, then there is long-term absenteeism. This means that this accounts for 10% of all absenteeism due to illness.

Rights and obligations regarding reporting sick

The flu happens to everyone from time to time. Take a few days off and you're good to go. That is a matter of reporting sick and getting better at work. Your employer probably has its own policy regarding illness. This is usually laid down in an absenteeism protocol or regulations.

But legally you also have a number of rights and obligations. For example, what should you and what should you not tell if you call in sick? And when does a company doctor come into play?

If you are ill for a long time

If you are out of circulation for longer, you have more to organize and arrange than if you only have the flu and are only absent for a few days. The policy is aimed at ensuring that you and your employer do everything they can to ensure that you return to work. This is regulated by the Gatekeeper Act. Your employer will draw up a reintegration plan in consultation with you for this.

You will also have to deal with the company doctor or occupational health service, who will monitor your recovery and give advice to your employer on how he can cooperate with your return.

For two years, your employer is responsible for helping you and continuing to pay your wages, unless it is clear in advance that work is no longer an option. After those two years, you may be able to invoke the Work and Income according to Capacity for Work Act (WIA). In this article you can read all the ins and outs about being ill for a long time.

Prevent work stress

Research by TNO showed at the beginning of 2019 that the number of people with burnout is also increasing. More than a quarter of all absenteeism (26%) is work-related, and over a third of this (36%) is related to stress and tension, Statistics Netherlands previously reported. One in six to seven people suffer from stress complaints .

In the case of long-term absenteeism due to a psychological cause (burn-outs), people are absent for an average of 225 days; that's almost seven and a half months. So quite a while. Before that happens, there is usually a period of continuous stress, at work and sometimes also outside.

Reporting sick: these are your rights and obligations

Being sick and staying home from work for a few days; it happens to everyone sometimes. The rules regarding reporting sick differ from organization to organization. Usually a phone call or message to your supervisor in the morning is sufficient.

It is not surprising if your manager asks you about the nature of your complaints. After all, he or she will want to know how serious your complaints are and when he or she can expect you back. But did you know that you are not obliged to report all details about your illness to your employer? In this article we list your rights and obligations if you call in sick.

You are obliged to report this...

If you do not feel well and it is necessary that you stay at home for one or more days, then you call in sick. How to do this is usually described in absenteeism regulations or protocol. You are obliged to provide your employer with the following information:

* at which address you are staying and where you can be reached;
* approximately how long you expect to remain ill;
* whether your absence is related to work-related causes;
* what is on your work schedule and which activities have to be taken over.

If you have had a traffic accident that was caused by someone else, your employer also wants to know. In that case, he may be able to recover costs from the person who caused the accident.

…and you don't have to tell this

You do not have to tell your employer what exactly is wrong. Although your employer will most likely ask this out of interest, he is not allowed to register anywhere what the causes and nature of your complaints are. Not even if they have to do with a pregnancy. So it is up to you whether or not to disclose this.

Do you continue to receive your wages in the event of illness?

If you are sick for a few days, you will normally continue to receive your wages. But it can't hurt to check whether something about this is stated in your employment contract or the company rules. It is possible that 'waiting days' are included in your contract. This means that you will not be paid any wages for the first two days of your illness. Employers do this to prevent so-called 'bad days' and to raise the threshold for calling in sick.

If you are ill for a longer period of time, your employer is obliged to pay out at least 70 percent of your wages for two years. If your income falls below the minimum wage as a result, your employer must supplement this amount in the first year. In the second year, the 70 percent applies as the norm. You can then apply for a supplement from the UWV if you fall below the social minimum.

When does the company doctor come into play?

Every organization is required by law to appoint a company doctor. When you are absent for a few days, you usually do not have to deal with the company doctor directly. It is a different story when you are often 'ill for a few days'. Your employer can decide for itself when to call on the company doctor. The same applies the other way around; you as an employee can always consult a company doctor if you need to.

If you are ill for longer than 'just a few days', you will have to deal with a company doctor. It is up to your employer to determine when exactly that doctor will be called in, but this is usually after a week. The company doctor will then contact you to schedule a (telephone) interview, so that you can discuss the symptoms and consequences of your illness together. You are obliged to cooperate with the company doctor.

Is what you tell the company doctor confidential?

In fact, the same applies to the company doctor as to you with regard to your employer. If you do not want that, the doctor may not tell you exactly what your complaints are. The company doctor can - unlike your employer - ask you to fill in a questionnaire about your illness and history, but he or she may not pass this information on one-on-one to your employer.

The company doctor will inform the employer of the following:

* what kind of work you can and cannot do and for how long;
* how your recovery is going;
* what you and your employer can do to ensure that you can resume (at least part of) your tasks, for example advice on adjusting your work or hours;
* how long you are expected to be absent;

The company doctor makes an assessment of your health and the extent to which you can perform work. In principle, this advice is leading, but you can ask for a second opinion if you do not agree with the judgment.

Reporting sick with psychological complaints

Suppose you are not feeling well, partly because you experience a lot of pressure and stress at work. Is that a reason to call in sick? It's basically up to you to determine when you feel capable or incapable of working. To prevent this from happening, it is advisable to report as early as possible if you are not doing well. Together with your manager you can then look at what you can do at work to change the situation.

Sick for longer, then what?

If you are ill for a longer period of time, for example because you have a burnout, you will make an action plan with the company doctor or occupational health service to ensure that you can return to your workplace. He will guide you during this process.
 

Prolonged illness: what will you have to deal with?

When you are sick for a longer period of time, you are not there simply to call in sick. You will then have to deal with the Gatekeeper Act. This is aimed at reducing long-term absenteeism and getting people back to work. Long-term sick leave is when you are ill for more than four weeks. Sometimes it is also held for six weeks.

You and your employer will then make a plan together on how you can get back to work. To do this, you follow a number of steps - in consultation with the company doctor or health and safety service - depending on how many weeks you have already been absent. What does the process look like if you are ill for a long time? When do you have to deal with the UWV? And what about your salary?

Absence protocol

Most companies and organizations have an absenteeism protocol. This describes the rules regarding reporting sick and how your employer will work in the event of illness. During the first four weeks of your absence, it is up to you and your employer to make agreements. However, employers are obliged to engage an occupational health service or company doctor to have support in the event of illness. Sometimes you already have to deal with this during the first weeks.

This is the case from the fourth week anyway. According to the Poortwachter Act, which imposes national rules on absenteeism and reintegration, a problem analysis must be submitted within six weeks. To do this, you will have a meeting with the occupational health and safety service or company doctor, who will draw up the analysis on the basis of this. Usually this meeting will take place after about a month of absence. The problem analysis does not necessarily state which complaints you have (you do not have to tell us this), but it does state what you can and cannot do and what it takes to get you back to work.

From problem analysis to reintegration plan

Your employer must have a reintegration plan ready no later than eight weeks after you report sick. The company doctor's problem analysis forms the basis for this. The plan contains agreements about any adjustments that your employer can make to help you get back to work or to possibly guide you to another job. The plan also contains information about what you do yourself to recover, for example the therapies you follow.
You are obliged to follow the advice of the company doctor.

During your absence, the company doctor or occupational health service monitors how you are doing and how your recovery is developing. You have contact with the company doctor or health and safety service every six weeks. Sometimes it is necessary to adjust the reintegration plan slightly. For example, because it is no longer possible to return to the same position.

Wage payment if you are ill for a long time

Your employer must continue to pay 70 percent of your salary for the first two years. If your income falls below the minimum wage as a result, it will be supplemented to that level in the first year. After two years you can apply for the WIA: the Work and Income according to Capacity for Work Act. You will then receive a benefit.

If it is/becomes clear in advance or sooner that you will never be able to work again, for example because you had a major accident or have a serious illness, you can apply for a WIA benefit sooner. You can then apply for the benefit after three weeks of illness. Your company doctor or the health and safety service will advise you on this. You can only make the early application once and at the latest in the 67th week.

With the same or a different employer? Reintegration first and second track

It may be that the work you did no longer suits your physical or mental condition, but that another job is still fine. This can sometimes be done within the same organisation, but you may also have to look outside of it. In any case, your employer has a duty to help you with this. And you have a duty to cooperate with the reintegration.

If you start looking for another job with the same or a different employer, this is called second track reintegration. If the reintegration is aimed at returning to the position you had with the same employer, this first track is reintegration.

What if you see it differently from the company doctor?

In principle, the opinion of the company doctor is leading and you have to follow his or her advice, even when it comes to which work is or is not suitable for you. But you may, for example, do not feel good about going back to work or you do not agree with the proposals of the company doctor. In that case, you can ask your own GP (or the specialist who is treating you) to discuss your situation with the company doctor.

If the company doctor sticks to his position, you can turn to the UWV for a second opinion. This is also known as an expert opinion. You pay 100 euros for this. Your employer can also do this if a conflict arises about the path to be followed. The opinion of the UWV is not binding, so there are no consequences, but it is an independent advice.

The role of the UWV in long-term absenteeism

On average, people who are out of the running due to psychological complaints (one third of the long-term absenteeism) are absent for 31.5 weeks. But it may take longer. If you are absent for more than 42 weeks, the UWV will also come into play. Your employer must report your absence in that week. You don't have to do anything for this yourself.

Your employer must make this report to the UWV, because that authority then gains insight into how many people are absent for a long period of time and can estimate how many will apply for WIA.

After a year: shaking moment

If you are absent for a year, a special evaluation moment will take place. This is also known as the shake-up moment. The reintegration process will be examined even more closely and it will be checked whether you are on the right course.

If you have not returned to work after twenty months, you will make a final evaluation together with your employer. All documentation (reintegration plan, problem analysis, etc.) together forms the reintegration report, which the UWV uses when it comes to assessing whether and which benefit you may be awarded.

WIA benefit

If you really can no longer work or after two years you are still unable to work fully, you will be covered by the WIA. You will then receive a benefit. There are two options:

1. An IVA benefit: you will receive this if you have been rejected for at least 80% and there is little or no chance of return. This benefit continues until you have reached state pension age.

2. A WGA benefit: you receive this if:

* you are temporarily disqualified for at least 80%, but there is still a reasonable chance of recovery, or
* you can still work part-time, but can no longer fully work. You are at least 35% incapacitated for work; this means that you can only earn 65% or less of your old salary. Your benefit is then a supplement to your income.

The amount and duration of the WGA benefit are based on your most recent wages and your employment history. Usually you will receive about 70% of your last salary and you will receive one month's benefit for every year that you have worked.

If you are declared less than 35% incapacitated for work, you are not entitled to an (additional) benefit.

Timeline for long-term sick leave

The schedule below briefly outlines the time frame if you become ill for a longer period of time. It looks something like this:
Day 1: You report sick
Week 1-4: Your employer contacts the company doctor or occupational health and safety service.
Week 4-6: You are in contact with the company doctor who makes a problem analysis.
Week 6-8: You and your employer make a reintegration plan based on the problem analysis.
Then once every 6 weeks: Contact with the company doctor to discuss progress.
Week 42: Your employer reports to the UWV that you have been ill for a long time.
Week 46-52: Shake-up moment: freshman evaluation.
Week 88: You will receive a letter requesting a WIA benefit. This states a date by which you must have applied for the benefit at the latest.
Week 91: You draw up a final evaluation with your employer. He sends the reintegration report to the UWV. The UWV assesses whether you will receive a benefit. If so, the employer's responsibility ends after two years.
Week 93: Last week for applying for benefits.
Week 97: Have you and your employer decided to look for another job? In that case, this process must be started within six weeks after the evaluation. This can also be done earlier, if it is clear that it is not an option for you to continue working for your old employer.
Week 105: If your benefit is awarded, it will start after two years.
 

Work stress: prevent it from becoming a burnout

Employees are increasingly absent. And that is often for psychological reasons. A quarter of absenteeism has a psychological cause, according to figures from Statistics Netherlands (CBS). Of this, 36% is related to work stress.

And when the absenteeism is caused by psychological complaints, employees are present for a lot longer than with the flu, namely 57 days. How do you avoid getting out of the running for so long? And when you're dealing with stress at work, when should alarm bells ring?

A little stress is healthy, constant is not

A little stress or pressure is part of it. In fact, it is even healthy, because it helps you to be alert and to react quickly. This is beneficial for your performance in the workplace. But if you suffer from it for a long time, excessively and constantly, then stress is harmful. Too much tension is bad for your health and can eventually cause physical and mental complaints, such as cardiovascular disease and depression.

You probably recognize stress in yourself. How it manifests differs from person to person. Common complaints include:

* Decreased concentration
* Being depressed and listless
* Anxiety or panic attacks
* Being angry or irritated more quickly * Feeling
rushed
* Tiredness and insomnia
* Head, neck or back pain
* Abdominal and stomach complaints
* Accelerated heart rate
* Worrying a lot
* Less flexible
* Being forgetful
* Lower resistance
* Feeling powerless

Where does the stress come from?

When you experience a lot of stress, it is good to look at what causes it. We often link it one on one to excessive work pressure. Busy, having to do too many tasks in too short a time or having no capacity or colleagues who can relieve you; these are things that all play a role. But often (too much) stress also has to do with how much support you experience from your employer, your colleagues and your environment.

If you feel that this is too little, it can put a considerable burden on your shoulders, especially if you have indicated your limits to your employer and nothing is done about it. It is also possible that you feel that you are being chased too much and that you experience too little autonomy and freedom in the work you do. Or that you are being opposed by colleagues. Those kinds of things can also cause headaches and stress.

Discuss work stress

Whatever applies to you, it is important to investigate where the stress comes from and, above all, to discuss it afterwards. Even though it may feel like you are falling short or failing in your job, or you are afraid that your supervisor thinks your job is too hard or too ambitious for you; keeping your complaints to yourself usually does not improve the situation. Moreover, there is a good chance that your supervisor will appreciate your openness.

If you are really looking forward to such a meeting, you can ask the confidential counselor (or an HR employee) of the organization where you work to come to the meeting. It is useful to think in advance what exactly you want to say. For example, list for yourself:

* which complaints you want to name;
* when the complaints started;
* what you think is causing the stress;
* what the consequences are of your complaints at the work you do; how do they hinder you?
* which can help you to reduce work stress (for example in the organization of your work or changes in your tasks).

Blaming certain people for how you feel won't help you. Therefore, focus on solutions during the conversation.

Other tips to deal with work stress

Indicating that you suffer from stress is perhaps the most important tip when dealing with (work) stress. But you can do even more for yourself and to avoid worse. Because of course no one wants to slip into a burnout due to work stress. On average, employees who get a burnout are out of the running for more than six months. The following tips can help you deal with work stress.

1. Move

Running, playing football, tennis or 'just' walking... If you are busy in your head, enough exercise is indispensable. You really don't have to start exercising right away, but at least try not to sit still all the time, even when you're working. Getting moving is one of the best remedies for stress, as various scientific studies have shown.

2. Mindfulness

Mindfulness has also been proven to have a positive effect on your mental state. And that doesn't necessarily have to be gloomy. Focusing your thoughts on the here and now and focusing on specific tasks helps to combat stress. There are several free mindfulness apps available, so you can always test whether it is something for you and whether it can help you calm down in your head.

3. Enable colleagues

If you tend to take too much and find it difficult to hand things over, it's definitely worth checking out if colleagues can help you out. Perhaps there are colleagues who are more flexible in their time and who can take over things from you. Although it may seem like small or simple jobs to you that you can easily do yourself, letting them out can give you air.

4. Silence notifications

Apps, emails, likes... You should count how many notifications you receive in a day. Either way: they distract you and ensure that even more stimuli end up in your head. Turn off notifications as much as possible, both on your phone and on the computer you work on. You will see that you can focus better and that you will also feel better as a result.

5. Take a break

You may be tempted to only keep working when you're busy. A quick lunch at the computer, maybe get a cup of coffee, but otherwise just keep going. “Because then you will at least get your work done.” However, this is not wise. If you occasionally interrupt your work, you make it fresher and you give your body and head time to de-stress a little. So take that break.

6. Healthy lifestyle

Perhaps obvious, but still: getting enough sleep , eating a healthy diet and avoiding alcohol - just like enough exercise - also help to keep your head fresher. You feel better physically and mentally as a result. So think about what you can change in your lifestyle.

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