Dismissal after 2 years of illness: timeline with tool & your rights explained

The period of two years (104 weeks) of illness is the starting point for the dismissal protection you have as an employee. After that, your employer can terminate your resign apply to the UWV. But when exactly does this deadline start and when does it end?

Your sickness period starts on the first day you report sick to your employer. This is an important moment, because from this date the counting of the 104 weeks starts. It does not matter here whether you are fully or partially ill.

Did you fully recover and return to work for four weeks or more during the 2-year period? Then the 104-week period resets when you report sick again.

A real-life example from our experience with a client where the interruption was not included in the dismissal request went as follows:

A client with burnout symptoms was working fully again for 6 weeks after 9 months of illness. When she fell out again, a new two-year period began. This gave her another two-year layoff protection.

However, her employer indicated after 2 years that the period of illness was already 2 years, when it was not due to the interruption of the illness period. He could not complete the dismissal in the dismissal application to the UWV.

After exactly 104 weeks of illness, your dismissal protection expires. This does not mean that you are automatically dismissed, but it does mean that your employer has the option to start dismissal proceedings from then on.

Important: employment does not end automatically. Your employer must have 'actively' dismissed you and followed all legal procedures in doing so.  

As an employee, you still have rights (and obligations) even after 2 years of illness. It is important that you know these so that you do not end up at an unnecessary disadvantage.

As indicated above, your employer may not just throw you out on the street. Even after 2 years of illness, a careful procedure must be followed to complete the dismissal. Specifically, this means:

• You should be informed in good time about your employer's plans to dismiss you
• There must be a rationale for the dismissal and it must be made known
• You will have a chance to express your views during the dismissal process
• The notice period must be respected (otherwise you will get into trouble with the UWV)

Upon dismissal after 2 years of illness, you have always right to a transition allowance. This applies regardless of whether you are still sick at the time of dismissal.

The amount of this compensation is determined by law and depends on your years of service and salary. You can easily calculate it with our calculation tool for severance pay.

Important to know: since 2020, your employer can reclaim this transition compensation from the UWV via a compensation scheme. However, this does not change your right as an employee. You will simply be paid the compensation.

Your employer cannot simply decide to dismiss you. The UWV tests strictly whether all conditions have been met. If it turns out that your employer has not done enough to reintegrate you, the dismissal may be refused.

What many people do not know: you have the right to negotiate the terms of your dismissal. Even after two years of illness, many employees break up with their employer with a settlement agreement. 

A settlement agreement offers you and your employer room to negotiate the terms by which you will part ways yourself. Consider, for example, additional severance pay, time off work until the end date of your contract and more.

After 2 years of illness, your employer has two options for terminating your employment. Both routes have advantages and disadvantages, which we discuss in detail below.

A settlement agreement is a mutual agreement between you and your employer on the termination of employment. This is often the fastest and most flexible route. In fact, an application for dismissal with the UWV takes between 4 and 8 weeks.

Benefits of a VSO:

• You can negotiate additional compensation on top of the transitional allowance
• Faster processing (no waiting time UWV procedure)
• More control over end date
• Ability to agree on attestation, non-compete clause, etc.
• Retention of WW rights possible (provided conditions are met)

Disadvantages of a VSO:

• You have to agree yourself (may feel pressure)
• 14-day cooling-off period (may be perceived as annoying)
• No external review as with UWV

Your employer can also request a dismissal permit from the UWV for long-term disability. This is a formal procedure in which the UWV assesses whether all legal conditions have been met.

Benefits of UWV route:

• Independent review by UWV
• Employer must demonstrate that all conditions are met
• You don't have to sign yourself

Disadvantages of UWV route:

• Longer procedure (4 to 8 weeks on average)
• No room to negotiate terms by which you break up
• Only entitled to statutory transitional compensation
• Less flexibility in end date

The UWV applies strict conditions before granting a dismissal permit. Your employer must demonstrate that:

1. The obligation to continue to pay wages has ended

Normally, this is the case after 104 weeks. But beware: with a wage sanction, this can go up to 156 weeks (3 years).

2. You can no longer do your own work

The company doctor must declare that you can no longer perform your own work, even in modified form, due to illness or disability. This declaration must be no more than 3 months old.

3. No recovery within 26 weeks

It must be plausible that you will not recover sufficiently to resume work within 26 weeks. This is an important test performed by the UWV.

4. No suitable other position available

Your employer must show that no other suitable position is available within the company or group. Not even with the help of education or training.

5. Sufficient reintegration efforts

This is often the stumbling block. Your employer has to prove that enough has been done to help you get back to work. Think about:

• Workstation adjustments
• Different working hours
• Other tasks
• Training or retraining
• Second-track reintegration

Many people think they have no room for negotiation when dismissed after 2 years of illness. Nothing could be further from the truth! Practice shows that more is often possible than you think.

1. Additional financial compensation
   On top of the statutory transitional compensation, you can negotiate for additional compensation. Employers are sometimes willing to pay more for a quick and friendly solution.
2. End date of employment
   The end date determines how much transitional compensation you accrue. Every month counts!
3. Exemption from work
   Negotiate exemption from work with pay during the notice period.
4. Student debt and education costs
   Do you have a study costs clause? Negotiate remission.
5. Competition clause
   Request for lifting of the competition clause so you are free in your career choices.

Tip 1: Know your strengths
Did your employer slip up in the reintegration process? This strengthens your negotiating position.

Tip 2: Ask for time to think
Don't be pressured. You have a legal right to reflection time.

Tip 3: Seek professional help
A review from a client: "Contact with Mickey was nice, helped me a lot. Thanks for everything!". Professional support can make all the difference. With us, this can be done completely free of charge and without obligation, throughout the process.

Tip 4: Think long-term
Focus not only on money, but also on things like a good certificate and retention of unemployment rights.