According to the Eligibility for Permanent Incapacity Benefit (Restrictions) Act, the employee and employer (hereinafter "Kolibrie") are jointly responsible for resuming work as soon as possible in the event of incapacity for work. Part of the absenteeism counseling is provided by the health and safety service that Kolibrie uses, namely: Zorg van de Zaak.
1. Reporting sick
On the 1st day of illness, the employee reports sick before 10 am (or at least before the start of the shift). This can be done threw our app or by clicking the tile “report sick” on Kolibrie Online. Kolibrie will then contact the employee to process the sick report.
The employee must provide information on the following subjects:
- the telephone number and (nursing) address at which and where the employee can be reached;
- the probable duration of the absence;
- current agreements and activities at the client;
- whether the employee is covered by a safety net provision of the Sickness Benefits Act;
- whether the illness is related to a work accident;
- whether there has been a traffic accident involving a possibly liable third party.
If it is somehow impossible to make the report in the above manner, the report must be made by telephone to Kolibrie on telephone number 013-5499100.
For each sick report, Kolibrie appoints a casemanager, he/she is the contact person during the period of incapacity for work.
If the employee goes home sick during working hours, he/she personally reports to the client and informs Kolibrie.
Kolibrie is obliged to report any sickness to the health and safety service.
2. Accessibility
During the period of incapacity for work, the employee must be available for the health and safety service and the Kolibrie casemanager, both by telephone and for a visit to the (nursing) address.
The employee can leave the (nursing) address after consultation with the Kolibrie case manager. An appointment with the practitioner (of the health and safety service) must be communicated to Kolibrie in advance by the employee.
If the employee moves or temporarily stays elsewhere during incapacity for work (for example admission to or discharge from a hospital), he must notify Kolibrie of this within 24 hours.
If the employee intends to go on holiday during the period of incapacity for work, the employee must contact the Kolibrie casemanager at least two weeks in advance. Permission may or may not be given in consultation with the health and safety service. The condition is that it does not stand in the way of recovering.
3. Activities aimed at returning to work
- Advice company doctor
The employee cooperates with counseling aimed at a return to work as soon as possible. If the employee is called up for a consultation with the company doctor, he must comply. If the employee is unable to attend, the employee will report at least 48 hours before the consultation with the Kolibrie case manager for a legitimate reason. If the employee does not attend the consultation of the company doctor without deregistering, the costs will be deducted from the salary. The employee is also obliged to comply with the instructions of the company doctor for recovery.
Following the consultation, the company doctor will draw up a so-called "problem analysis". The advice in the problem analysis about recovery and resumption of work is binding and will be followed by both Kolibrie and the employee.
- Reintegration
Following the problem analysis, Kolibrie and employee will draw up an action plan, aimed at a responsible return to work.
Kolibrie and employee will contact each other at least once a week to evaluate the situation.
As soon as the employee has recovered sufficiently to resume his activities (in whole or partially), the employee is expected to indicate this to the Kolibrie case manager and the client.
The employee is obliged to (partially) resume work if the advice of the company doctor prescribes this. He reports a (partial) resumption of work to both the client and Kolibrie.
- Second opinion
If the employee does not agree with the advice of the company doctor or with Kolibrie's proposals and/or activities, he/she can request an expert opinion (second opinion) from the UWV. More information about this can be found on the website of the UWV. The judgment of the UWV expert is not binding, but will weigh heavily in a judicial assessment.
- Information
The employee must provide information about the course of the illness. The employee must do this at the request of the employer, but sometimes also spontaneously. The employee informs the employer about changes regarding the expected duration of illness. All this with due observance of the applicable legislation and regulations with regard to privacy
4. Sickness benefit
If there is a waiting day at the client's company, that waiting day also applies to the employee. For the employee, this means that the 1st day of illness will not be paid by Kolibrie. During the first 104 weeks of his incapacity for work, the employee is entitled to continued payment of wages (sick leave) up to the end date of the employment contract. Kolibrie points out that it continues to pay that percentage of the wages that the permanent employees of the client also receive in the event of illness. Any structural and non-structural allowances, such as expense and/or travel allowance, will not be paid in the event of incapacity for work.
5. Sanctions
If the employee does not comply with the regulations of the Eligibility for Permanent Incapacity Benefit (Restrictions) Act, the rules in this absenteeism protocol or obstructs the reintegration due to its own actions, Kolibrie can impose sanctions on the employee. A sanction can be, for example, suspending wages or not paying wages at all.