Are you ill and receiving a Sickness Benefits Act (ZW) benefit from the UWV? Then a decision by the UWV can have major consequences. You may be told that your benefit is terminated, is not granted, or that according to the UWV you can work again.Many people then wonder:

What are my rights? And what can I do against a decision by the UWV?

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In this article you will read everything you need to know about the Sickness Benefits Act, when you are entitled to it, how the UWV decides, and what you can do if you disagree with a decision.

What is the Sickness Benefits Act?

• The Sickness Benefits Act is a safety net scheme for employees who are ill but (temporarily) have no employer who continues paying their wages. You may be entitled to a Sickness Benefits Act benefit if:

• Your contract ended while you were still ill.You as a temporary agency worker

• become ill.You have an on-call or zero-hours contract

• without continued pay during illness.

• You become ill within 28 days after the end of your employment.You as a pregnant woman

become ill or after childbirth.

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The Sickness Benefits Act benefit is administered by the UWV.

How is the amount of a Sickness Benefits Act benefit determined?The amount of your Sickness Benefits Act benefit depends on the wages you earned before you became ill. The UWV looks at the so-called ‘daily wage’. This is the average gross wage you earned per day in the year before you became ill, including allowances and holiday pay.

• The main points at a glance:
• Usually, you receive 70% of your daily wage.
• Were you pregnant or ill due to pregnancy or childbirth? Then the percentage may sometimes differ.Temporary agency workers, on-call workers, or people with a temporary contract are assessed in the same way: the UWV

 always uses your most recently earned wage as the starting point.Note: Do you have fluctuating income or did you work through an employment agency with varying hours? Then it can turn out a bit more complicated. In that case, the UWV looks at the wage on which you paid social security contributions in the period before your illness.You usually receive your benefit every four weeks, directly from the UWV

. This way, you remain as well supported financially as possible during your period of illness.

How do you apply for a Sickness Benefits Act benefit?

• Applying for a Sickness Benefits Act benefit can be done at different times and in different ways, depending on your situation. Here’s how to do it:Are you sick while you no longer have an employer? Apply for the benefit within two days of your first day of illness with the UWV
• .Do you become ill within four weeks after your employment has ended?
•  You can still submit an application; it is important to act quickly.Are you a temporary agency worker or do you have an on-call or zero-hours contract?
•  Even then, you can submit an application yourself as soon as you call in sick and your employer does not continue paying wages.Are you receiving an unemployment benefit and become ill? Report sick immediately to the UWV
• , so that your entitlement to a sickness benefit can be assessed.Ill due to pregnancy or after giving birth?

 In many cases, you can also make use of the Sickness Benefit; report your situation promptly and clearly explain why you cannot work.Note: in some cases, your (former) employer can submit the application for you, for example if you became ill during the contract. Are you unsure? Contact the UWV or seek legal advice, for example at the Juridisch Loket

 or a trade union, so that you don’t miss out on anything.

Are you allowed to work while receiving a Ziektewet benefit?It’s a frequently asked question: are you allowed to work while receiving a Ziektewet benefit? The short answer is: sometimes, but there are clear rules attached.You must always report any form of (paid) work immediately to the UWV, even if you only work a few hours or do volunteer work. This helps prevent problems later. In some cases, (adjusted) work can actually contribute to your recovery or reintegration, but everything depends on your situation and the agreements with the UWV.

• Note:
• Are you working without reporting this? Then this can have consequences for your benefit.
• Work as a volunteer or from home is also included.Always consult with the UWV

 and stick to the agreed hours and tasks.

Are you unsure whether working is allowed in your situation? Always ask. That way you can be sure you do not lose entitlements or get into trouble.

What happens if you become ill while receiving a WW benefit?Do you become ill while receiving a WW benefit? Then special rules apply. In most cases, you must report sick immediately to the UWV on the first day that you cannot work due to illness. From that moment, your WW benefit will be temporarily converted into a Ziektewet benefit. This is also known as ‘Ziektewet tijdens WW’.

• Important to know:
• Your reintegration obligations are suspended while you are ill. You temporarily do not need to apply for jobs or be available for work.
• The amount of the benefit usually does not change, but it is a different scheme.

Have you recovered? Report this immediately so that your WW benefit can be resumed.

Note: If you become ill just before your WW benefit ends or in the last weeks of it, the situation may be different. Are you unsure? Contact your benefits agency for personal advice.

What should you do if you are ill?Have you suddenly become ill? Then it is important to take a number of steps immediately. Report your illness to your (former) employer or employment agency as soon as possible. This notification is needed to be eligible for a possible Sickness Benefits Act benefit.In addition, it is advisable to keep medical information from your GP or specialist safely. That information may be needed by the UWV later. Do you have questions about your rights or are you unsure whether you qualify for the Sickness Benefits Act? Then feel free to present your situation to a lawyer, a trade union such as FNV or CNV, or an organization such as the Juridisch Loket.They can advise you on the steps you can take.Make sure you are reachable for questions from the 

UWV

, for example about your recovery or possibilities to (re)start working. This prevents unnecessary delays regarding your benefit.Sickness Benefits Act benefit with an employer: how does that work?

• Sometimes you receive a benefit under the Sickness Benefits Act (Ziektewet) while you still have an employer. This happens, for example, if you are ill due to pregnancy or childbirth, if you fall under the no-risk policy, or if you are ill due to organ donation. If you fall under a special compensation scheme, you may also receive a benefit while your employment contract is ongoing.
• What does this mean in practice? In short, it means that both you and your employer remain responsible for your reintegration. You will not receive wages from your employer, but a benefit through the Sickness Benefits Act. That may be the case, for example, in the event of:
• Illness due to pregnancy or childbirth.
• The no-risk policy applies: you are ill and your employer receives compensation.

You are ill because of donating an organ.You fall under a special scheme, for example compensation in the event of illness due to pregnancy or another long-term illness.Reintegration and obligationsEven if your benefit is paid through the Sickness Benefits Act, reintegration remains important. You work together with your employer on your return to work. This means that you must keep to agreements, for example about attending meetings, cooperating on a plan of approach, and following the advice of doctors or specialists. UWV and your employer often work together on this, so that you can return to work (partially) as soon as possible.

Note: failing to comply with these obligations may affect your benefit.

This way you won’t be caught off guard if you unexpectedly find yourself in this situation.What does ‘own risk bearer’ mean for the Sickness Benefits Act?Some employers choose to be an ‘own risk bearer’ for the Sickness Benefits Act. That sounds technical, but what does it mean for you as an employee? Put very simply: the employer (temporarily) takes over the responsibility from the UWV. Do you become ill while you are working under a flex or temporary contract with such an employer? Then it is not the UWV

• , but your (ex-)employer pays and arranges your Sickness Benefits Act benefit and the reintegration.Important to know:The benefit and guidance therefore come from your own-risk-bearing (ex-)employer, not directly from the 
• UWV.Employers often engage insurers or occupational health services such as ArboNed or 
• HumanCapitalCare

 to handle the Sickness Benefits Act.

Your rights under the Sickness Benefits Act remain the same, but the way it is carried out may feel different.

This arrangement can especially occur at large companies or temporary employment agencies. Your employer must always inform you if they are an own-risk bearer, so that you know what to expect.

1. Which step-by-step plan should you follow when an employee is ill?
   When an employee becomes ill, clear steps apply. Below you will find an overview of the standard step-by-step plan for illness:
2. Reporting illness
   The employee reports sick to the employer as soon as possible. Preferably by phone and before the start of working hours.Reporting sick to the occupational health service or company doctorDepending on your organization, the employer immediately engages the occupational health service or the company doctor, such as ArboNed, HumanCapitalCare or 
3. Zorg van de Zaak
   .
4. Sickness absence registration and administration
   The employer records the sickness notification in the absence administration. This is essential for continued salary payment and any benefit applications.
5. Contact and follow-up
   Employer and employee stay in contact. Often, the employer reaches out in the first week to discuss the situation and agree on next steps.
6. Create a plan of action
   No later than six weeks, a plan of action is drawn up together with the occupational health service or occupational physician. It sets out how reintegration will be approached. This document is evaluated periodically.Start the reintegration processBoth parties actively work together toward a return to work, for example with adjusted duties or a staged return to work. Sometimes external support is engaged, for example through reintegration agencies such as Randstad RiseSmart or 
7. HSK Group
   .Follow the Gatekeeper Improvement ActThe employer and the employee comply with the obligations under the 
8. Gatekeeper Improvement Act
   . Think of keeping records, implementing the agreements from the action plan, and engaging experts in a timely manner.

Recovery notification

As soon as the employee is (partially) better again, this is reported to the employer and the occupational health service. The reintegration process then often continues for some time with guidance.

By carefully following these steps, you avoid problems with any future benefit application and keep the process clear for everyone involved.Working together on reintegration during illnessIf you are ill and receive a Sickness Benefit, reintegration is the focus: together with the UWV

•  you look step by step at returning to work. That collaboration is important, as it increases your chances of recovery and of a smooth return to work.What can you expect?
• Personal plan: Together with a labor expert, you draw up a reintegration plan. It sets out agreements about your possibilities, limitations, and the steps you will take together.Active involvement: You will be invited to check in regularly — often by phone or in a meeting at the 
• UWV-office. This keeps your situation clear for both parties.Help from specialists: Sometimes the UWV external reintegration companies (such as Randstad or 
• Ability-A2) for additional guidance or training. This helps you discover new job opportunities.

Your own responsibility: You are expected to participate actively, for example by communicating openly, keeping agreements, and accepting offered help.Working together on reintegration therefore does not simply mean following what the 

UWV

 asks, but also actively exploring your own opportunities and thinking about what works for you.

• How does the UWV decide on a Sickness Benefits Act benefit?The UWV looks at:

• Whether you are unfit for work for the work you did before you became ill.The reports of a insurance physician and a

• labour expert

.

Your medical information and your limitations.

On that basis, the UWV decides whether you are entitled to a benefit, or whether the benefit stops.What is a no-risk policy and when does it apply to an employee?Sometimes there is a so-called no-risk policy for employees. This is a scheme that ensures that an employer does not have to bear the financial risk of a sick employee (for the most part). For example, if you are someone with a work disability or a Wajong status, or if you have been ill for a long time in the past and are returning to work. In those situations the UWV

•  takes over part of the costs if you become ill again. In this way, the government aims to make it more attractive for employers to still hire people with an increased risk of illness.
• The no-risk policy applies, among other things, in the following cases:
• You have previously received a WIA, WAO, WAZ or Wajong benefit.

You have a disability and get (back) to work through a reintegration program.

You fall within the target group of the Job Agreement (Participation Act).

A no-risk policy can give you, as an employee, peace of mind, because your sick leave is less likely to become a problem for your employer. As a result, employers are more willing to give people with an employment history or health problems a chance.What if you become ill due to organ donation?Have you become ill because you donated an organ? In that case, a special scheme also applies under the Sickness Benefits Act. If, as a donor, you are admitted to the hospital or need to recover at home, you may be entitled to a Ziektewet

-benefit, even if you (temporarily) do not have an employer who continues to pay your wages.

This safety net is specifically for people who cannot work temporarily due to organ donation. You do not need to worry about this: with a statement from the hospital or treating physician, you can apply for a benefit. This way, you will not be financially disadvantaged when you do your part for society as a donor.How do you report that you are recovered with a Ziektewet-benefit?Are you sufficiently recovered to work (partly) again? Then it is important that you report yourself ‘recovered’ to the UWV. This is also called the recovery notification. This can be done by phone, online via the UWV

• -portal, or possibly through an employer or temp agency if there still is one. Note: it does not matter whether you are fully recovered, or only able to do adjusted work—you must still make a notification.
• Useful tips for ‘reporting recovery’:
• Always report immediately as soon as you can (partially) work, to avoid unpleasant misunderstandings or repayments.If needed, ask your (family) doctor or occupational physician for advice or confirmation of your own sense of recovery.Do you need advice? Organizations such as the FNV or the 
• Juridisch Loket can help you for free with practical steps.Keep the written confirmation from the 

UWV properly, so that you have proof of your report.Have you been reported too early, or are you unsure whether you can (fully) work again? Then immediately contact the 

UWV

 or consult an advocate. This prevents you from unintentionally losing your benefit or getting into a dispute about your recovery.What does a Sickness Benefits Act assessment after 1 year of illness involve?After being ill for one year, an important moment often arrives: the so-called ‘reassessment’ or ‘1-year Sickness Benefits Act assessment’. During this assessment, the UWV

•  again assesses whether you are still unfit for your former job. For this, you are usually invited for a meeting with an insurance physician and sometimes also a labour expert.
• They assess:
• Whether your medical situation has changed in the past year.

What your options are for working, possibly in modified work.Whether your Sickness Benefits Act benefit can continue, be adjusted, or stop.So it is a thorough (and sometimes also nerve-racking) check-up in which the 

UWV looks at how things stand after a year of illness. This can have major consequences for your benefit, so it is wise to prepare well for this. That way you avoid surprises and know where you stand.How does the reintegration action plan proceed during a 

Sickness Benefits Act-benefit?Are you ill and receiving a Sickness Benefits Act-benefit, then the topic of ‘reintegration’ quickly comes into play. After all, the intention is that you – as soon as you can – return to work, whether that is with your former employer, through a temp agency, or perhaps somewhere entirely different.The 

• UWV therefore, together with you, draws up an action plan. This includes, among other things:Which steps you, together with the 
• UWV
•  take to return to work.

The assessment of what you can and cannot do in the short and long term – this is often discussed with an insurance physician and a labor expert.Agreements about, for example, reintegration activities such as an obligation to apply for jobs, cooperating with (re)training, or targeted searching for suitable work.

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During your illness, these agreements are regularly evaluated. Can you do more? Then the plan will be adjusted. Is recovery proving slower? Even then, the plan can be revised. Remember: the goal always remains clear – back to work, within your capabilities.

1. Always stay in dialogue, ask questions if you have doubts, and keep track of your own progress; that way you’ll be in a stronger position should you disagree with a decision about your benefit.
   Common decisions by the UWV

2. Rejection of the Ziektewet benefit
   → The UWV believes that you are not sick enough or that you are not entitled to the Ziektewet benefit.

3. Termination of the Ziektewet benefit
   → The UWV decides that you can work again.

4. Reassessment during the Ziektewet
   → You are called in again for a medical examination. The UWV may decide to reduce or stop the benefit.

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Recovery of overpayment

→ The UWV believes that you received the Ziektewet benefit wrongly and wants the money back.

What can you do after a negative decision?

• Do you disagree with the UWV? Then you can take action:1. File an objectionWithin

• 6 weeks

• after the decision.

Clearly explain why you disagree.

• Include medical information (for example from your GP or specialist).

• 2. Attend a hearing

During the objection procedure, you will often receive an invitation to a hearing.

• You can explain your situation there.

• 3. Filing an appeal with the court

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If the objection is rejected, you can go to court.

• A lawyer can represent you in this.Practical examplesExample 1: A

• temporary agency worker was told that, according to the UWV, he could work again. Our specialized lawyer demonstrated with medical reports that this was incorrect. The benefit was reinstated.

• Example 2: A single mother lost her Sickness Benefit because, according to the UWV, her complaints were too mild. On appeal, the court found that the medical assessment had been inadequate, so she was still entitled to the benefit.

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Example 3:

• An employee received a repayment demand for thousands of euros. After objection, it turned out that the UWV had made a mistake. The recovery decision was annulled.

• Checklist: what to do if your Sickness Benefit ends?

• 📄 Read the UWV decision carefully.

• ⏳ Note the 6-week objection period.

• 📑 Gather medical records and statements from your care providers.

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✍️ File an objection (preferably via a lawyer).

⚖️ Consider an appeal if the objection is rejected.Specialized UWV lawyers at Arslan AdvocatenLitigating against the UWV is complex. Our specialist

UWV lawyers

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have many years of experience with Sickness Benefit cases and know how the UWV assesses them. We work with medical experts and occupational experts to strengthen your case file.

Moreover: the costs of legal assistance are often reimbursed, for example if you qualify for subsidized legal aid or if the UWV must (partly) pay the costs when an objection is upheld.
Frequently Asked Questions (FAQ)

1. How long does a Sickness Benefit last?

Usually a maximum of 104 weeks, depending on your situation.

What happens after 2 years of illness?

• Are you still ill after 2 years and (partly) unable to work? Then your Sickness Benefit usually ends. You may be eligible for another benefit, such as the WIA (Work and Income (Capacity for Work) Act).
• Transition to a WIA benefit
• You will receive an invitation for an assessment to determine what you can still earn.The WIA consists of two schemes:
• IVA if you can hardly work or not at all.

WGA if you are partially unable to work.Note: the assessment is strict, and medical and occupational reports are decisive. It is advisable to also obtain legal support for this. Parties such as the Legal Help Desk or specialized lawyers

can advise you on objections and appeals.
Do you have questions or are you unsure about the procedure? Get in touch in time for advice—doing so while reading the decision prevents surprises.

2. Can the UWV just stop my benefit?
Yes, if they believe you can work again. You can object to that.

3. Do I have to go to the UWV examining physician?
Yes, this is mandatory. You may submit additional medical information.

4. What if I submit my objection too late?
Then you forfeit your chance. Only in exceptional cases can you still be admitted.

5. Who pays the lawyer in a UWV procedure?

Often the costs are reimbursed through legal aid (subsidized legal assistance) or by the UWV itself if you win.Are you allowed to go abroad with a Sickness Benefits Act (ZW) benefit?

• Yes, you may in some cases go abroad if you receive a Sickness Benefits Act (ZW) benefit, but there are strict rules. You always need permission in advance. Without this permission you may not leave the country, not even for a short holiday or family visit.Note:Apply for permission well in advance, for example if you plan to go to Germany or Belgium to travel, or even if you want to relax on the beach in 
• Spain
• .

Clearly indicate why you want to go away, how long you will be gone, and where you will be staying.Make sure you remain reachable and arrange any doctor’s appointments or assessments that may take place during your stay.If you do not have permission and go anyway, this may lead to termination of your benefit. So always be careful and consult your contact person in time.6. Am I allowed to go on vacation while receiving my Sickness Benefit (Ziektewet)?That is possible, but you must always request permission in advance from the

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UWV

• .If you leave without permission, that can have consequences for your benefit. It is important to coordinate well and be clear about your plans, so that you do not face any surprises afterward.Why Arslan Advocaten?

• Specialized UWV lawyers with experience in Sickness Benefits Act procedures.

• Help with objection, appeal and

• higher appeal

• .

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Collaboration with medical specialists and vocational experts.

Often free of charge or largely reimbursed.Personal and committed: we are fully on your side.ConclusionThe Sickness Benefits Act provides an important financial safety net, but the UWV decides strictly and sometimes unjustly. Is your benefit stopped, refused or reclaimed? Then it is important to take immediate action. With the help of a specialized