Under Dutch labor law (Article 7:629 BW), an employer’s obligation to continue paying your salary during illness ends after 104 weeks. You may then qualify for a WIA benefit, such as a WGA benefit (for partially disabled workers) or an IVA benefit (for fully disabled workers), based on an assessment by the UWV. For details on unemployment benefits, visit our resources. If you continue working partially, for instance after a settlement agreement reducing your hours from 40 to 32 per week, and you face a new absence due to illness, your right to renewed salary continuation depends on the *agreed work*—the duties specified in your employment contract.

If you resume work in *suitable work* (tasks aligned with your capabilities, such as fewer hours or a different role), the original job typically remains the agreed work. However, if a settlement agreement establishes 32 hours as the new standard, this may become your new agreed work. In such cases, a new absence triggers a fresh 104-week period of salary continuation, entitling you to at least 70% of your salary (at least the minimum wage in the first year, unless your contract or collective labor agreement stipulates otherwise). Learn more about settlement agreements during illness.

Your Rights with Modified Agreed Work

If a settlement agreement explicitly designates 32 hours as your new agreed work, you are entitled to salary continuation during a new absence, even if the illness is related to prior conditions. This also applies if you have worked in a modified role or reduced hours for an extended period, leading you to reasonably assume this is the new norm (an *implied modification*). Factors such as the duration, nature, and scope of your work, along with your employer’s communication, are critical. Conversely, if the settlement agreement specifies that the 32 hours are part of a reintegration process and the original 40-hour contract remains in force, no new salary continuation applies. In this scenario, you may apply for a WIA benefit without a waiting period (Article 55 WIA) or, if fit for work, an unemployment benefit.

Additionally, a reduction in hours of 20% or more entitles you to a partial severance payment (Article 7:673 BW), unless waived in the agreement. Ensure your settlement agreement addresses vacation days, non-compete clauses, and a reference letter.

Your Obligations and Practical Steps

As an employee, you are required to cooperate with reintegration efforts, including following the company doctor’s advice and accepting suitable work. After 104 weeks of illness, take proactive steps to protect your rights during a new absence:

• Examine the settlement agreement for clarity on hours and reintegration terms. Use our settlement agreement checklist to ensure all aspects are covered.
• Report any health deterioration to the UWV promptly to apply for a WIA benefit without delay.
• Request an expert opinion from the UWV if you disagree with your employer on salary continuation or reintegration.
• Review your collective labor agreement via our collective labor agreement resource for additional rights.
• Be mindful of the reflection period to potentially revoke the agreement.

A well-drafted settlement agreement provides clarity, but ambiguous terms can lead to disputes. Seek legal advice to recover legal costs.