Absence management: Rights and obligations in cases of incapacity for work course
In this course you will learn the legal rules surrounding sickness absence, reintegration and incapacity for work. The course is intended for HR and P&O staff who manage absence.
NRTO quality mark- The legal basics of absence clearly set out
- The Wet Poortwachter clearly explained
- Practical examples from case law
- You may bring in your own cases
- Syllabus and employment law book included
Your trainer: Luis 162 reviews in total, with an average score of 8,9. View the trainers
As an HR or P&O officer, sooner or later you will have to deal with an employee who is off sick. This course gives you the legal grounding to manage absence correctly, from the first notification of illness through to dismissal after two years.
Description
Sickness absence touches on many different rules: the Wet Poortwachter, employment law, the Ziektewet and the WIA. Your employee has rights, but also obligations. And so do you as an employer. Who decides whether someone is unfit for work? How long do you have to continue paying wages? And what if reintegration does not succeed?
During this course day you will get answers to those questions. The trainer explains the legislation and regulations clearly and links them directly to practice. You will be given examples from case law and may bring in your own cases. This shows you how the theory works out in situations you recognise from your own work.
By the end of the day you will know which steps to take, which pitfalls to avoid and which sanctions you can apply. You work with a syllabus and an up-to-date reference work on Dutch employment law, so that you can quickly look things up after the course as well.
Topics
- The difference between being ill and being unfit for work
- Who determines whether an employee is unfit for work
- Employee who turned out to be unfit for work before starting employment
- Obligations under the Wet Poortwachter
- Instruments and sanctions in reintegration
- Pay during illness
- Calculating the two-year period, rules and pitfalls
- Dismissal during and after two years of illness
- Obligations under the WIA and the Sickness Benefits Act
- Self-insurance (eigen risicodragerschap)
- Safety-net employees
Result
After this course you will know the legal rules governing sickness absence and incapacity for work. You will know how to apply the Wet Poortwachter (Gatekeeper Act), what obligations you and your employee have and when you can impose a sanction. You will be able to judge for yourself how to build an absence file and what steps to take towards reintegration, WIA or dismissal after two years of illness.
Target audience
This course is intended for HR and personnel officers, managers and other professionals involved in absence management. The content focuses on ordinary employment law, not on civil service law. If you work in an organisation where you regularly deal with employees who are ill and you want to know where you stand legally, this day is for you.
Teaching method
The course alternates theory with practical examples from case law. You may bring in your own cases and discuss them with the trainer and the other participants. In this way you get to know the rules and discover how to apply them in situations you recognise. You will work with a syllabus that clearly explains the main points per topic, and you will take home an up-to-date reference work on Dutch employment law.
Prior knowledge
No specific prior knowledge is required. Some experience with HR tasks or personnel affairs is useful, as it allows you to link the examples directly to your own work.
Comments
This course is part of a series of three employment law modules: Employment Contract, Absence Management and Dismissal Law. The modules follow on from each other and can be taken separately.
Practical information
- Number of days
- 1 day
- Course times
- from 10 am to 5 pm
- Teaching hours
- 6 hours
- Education level
- Suitable for all levels
- Preparation time
- None
- Included
- Course materials and lunch on site
- Certificate
- At the end of the course you will receive a certificate of attendance
Language
The course is given in Dutch as standard. The trainer speaks English. English-language course materials can be used. If at least 3 participants register, the course can also be given entirely in English.
This course for your team?
Plan your own group on a date that suits you, at your office, at our premises or online. We tailor the content to your day-to-day work, and training a whole group is cheaper than individual bookings.
- Your date and location
- Tailored content
- Multiple groups or an academy are also possible
- More than 25 years' experience
The trainers for this course
Ratings from participants after completing their course, across all courses by this trainer.
What others say about this course
Absence Management course: Rights and obligations in cases of incapacity for work: average 9.3 from 1 review
“Very good training course. Gained a lot of knowledge about absenteeism and the relevant legislation and regulations. Very experienced trainer.”
Training formats
Classroom
1 day€ 625,-- Pleasant venue with a good trainer
- Small groups
- Inspiring and motivating
In-company
Bespoke trainingOn request- 100% for your group
- Bespoke training
- At your place or ours
Workshop
Up to 4 hours for groupsOn request- Suitable for events
- Interactive and inspiring
- Large groups too
Private training
At our place or yoursOn request- 100% just for you
- Achieve a lot in little time
- Whenever you want
Frequently asked questions
What will I learn in the Absence Management course?
You will learn how the legal rules on sickness absence and incapacity for work fit together. Think of the Wet Poortwachter (Gatekeeper Act), reintegration, pay during illness, the two-year period, dismissal after two years of illness and the obligations relating to the WIA and the Sickness Benefits Act.
Who is this course intended for?
The course is intended for HR and P&O officers, managers and other professionals who deal with absence management. The content focuses on ordinary employment law, not on civil service law.
Do I need any prior knowledge for this course?
No, you do not need any specific prior knowledge. It is useful if you already have some experience with HR or personnel duties, as you can then link the examples directly to your own work.
Do I receive a certificate on completion?
Yes, on completing the course you will receive a Learnit certificate of attendance. With it, you can show your employer that you have a command of the legal basics of absence management.
What course materials do I receive?
During the course you work with a syllabus in which the main points of legislation and regulations are clearly set out per topic. You also take home an up-to-date reference work on Dutch employment law.
Can I take this course in-company?
Yes, you can also take the course in-company. That is a good option if you want to learn together with several colleagues and tailor the content to situations from your own organisation. Contact us for a bespoke quotation.
What is the difference between being ill and being unfit for work?
Being ill means that someone does not feel well or has a medical condition. Being unfit for work means that, because of that illness, someone cannot do their own job. An employee can be ill without being unfit for work, and vice versa. Who determines whether someone is unfit for work is a separate question. That is usually the company doctor, not the employer and not the employee themselves.
What does the Wet Poortwachter involve?
The Wet verbetering Poortwachter sets out what the employer and the employee must do during the first two years of illness. This includes a problem analysis by the company doctor, a plan of action, periodic evaluations and the first-year evaluation. The aim is for the employee to return to suitable work as quickly as possible. If you do not follow the steps properly, the UWV can impose a wage sanction, under which you as the employer have to continue paying wages for longer.
How long do I have to continue paying wages during illness?
As an employer you are in principle required to continue paying wages for two years during illness. The statutory minimum is 70 per cent of the wage, but many collective agreements and employment contracts provide for higher percentages, often 100 per cent in the first year and 70 per cent in the second. During the course you learn how to calculate that two-year period precisely and which pitfalls are involved.
When can I dismiss an employee after illness?
During the first two years of illness a ban on dismissal applies, except in exceptional situations such as the closure of the business. After two years of illness you can in principle apply for dismissal through the UWV, provided you have met your reintegration obligations and there is no realistic prospect of recovery within 26 weeks. During the course you gain a clear picture of the legal conditions.
What are 'vangnetters' under the Sickness Benefits Act?
Vangnetters (‘safety net’ employees) are employees for whom the UWV takes over the continued payment of wages during illness under the Sickness Benefits Act. Think of temporary agency workers without a permanent contract, employees whose fixed-term contract expires during illness, or sick employees with a no-risk policy. Separate rules on absence management and reintegration apply to this group. These are covered during the course.
What does the Absence Management course cost?
You can find the current price at the top right of this course page, along with the schedule, location and delivery format. For in-company or bespoke courses we are happy to provide a quotation on request.