Information for HRM and supervisors

If your employee has reported in sick, it is vital that you handle the matter with due diligence and care. For example, this will involve asking your employee a number of questions – without violating their* privacy. The purpose of these questions is to allow you as a supervisor to get an understanding of the possible duration of the absence and of the issue that you must manage to cover for their absence in organisational terms.

Please note that you should not ask them about the nature of their illness (this is prohibited under privacy rules).

You might, for example, ask the following questions:

1. How are you? (Provide a sympathetic ear, do not record any health information!)
2. When do you think you can return to work?
3. Are there any ongoing activities that need to be taken over?
4. Who needs to be informed?
5. Are you covered by the safety net of the Sickness Benefits Act (pregnant, organ donation, no risk policy, compensation scheme)? (this is to assess whether the employee is eligible to receive sickness benefits from the UWV, please see AUAS Incapacity Protocol)

Please see ‘How and when to report a safety net situation’

1. Is your absence related to an accident at work?
2. Has there been a traffic accident? (This question is vital with regard to recourse).
3. What phone number or email address can I reach you on?
4. When should we be in touch again?

If you are unable to reach the employee by phone, they should inform you of their absence and illness by email or WhatsApp. Get in touch with them the same day.

After this, it is up to the occupational physician to assess whether the employee is incapacitated for work or whether they are able to carry out adapted duties and how long the absence will reasonably last.

Please see AUAS Incapacity Policy Annex B: Supervisor questions for absence due to illness (PDF)

* the term ‘they’ refers both to male and female parties

If an employee falls under the safety net provisions of the Sickness Benefits Act, you must ask the PSA to submit an illness report to the Employee Insurance Agency (UWV) for sickness benefit purposes. These safety net provisions concern the following situations: pregnancy, organ donation, no risk policy, compensation scheme. For a more detailed outline, please see ‘1st day of absence’ and ‘Week 1’ in the AUAS Incapacity Protocol .The UWV will then contact the employee and will assess the safety net application made by the employer. In the event of a positive assessment, sickness benefit will be awarded for this employee, which will be received by the AUAS. The employee will simply continue to receive their wages.

DILIGENT ABSENTEEISM SUPERVISION

Usually, and fortunately, absence due to illness does not last land and employees will usually have recovered after 2 weeks. Occasionally, however, absences can be longer. In practice, the longer an employee is absent from work, the harder it will become for them to return to work. That is why it is crucial that you begin a targeted absenteeism process if your employee has not yet recovered after 2 weeks of absence due to illness. The content and extent of this supervision will naturally depend on the situation. You and your employee must take action, supported by the advice of the occupational physician and HRM. The objective is to ensure that the employee receives diligent and responsible supervision during their absence and reintegration process.

ELIGIBILITY FOR PERMANENT INCAPACITY BENEFIT (RESTRICTIONS) ACT AND AUAS Incapacity PROTOCOL

Absence supervision is also a statutory obligation that is laid down in the Eligibility for permanent incapacity benefit (restrictions) Act (in Dutch: Wet Verbetering Poortwachter) In the case of absence due to illness, both the supervisor and employee have obligations and responsibilities, which require them to go through certain steps. Please see the AUAS Incapacity Protocol, which outlines who must do what and when in cases of absenteeism.

INVITATION TO ATTEND ABSENTEEISM INTERVIEW IN WEEK 3

If your employee has not yet after two weeks, they should be invited to attend an interview in the third week of absence (if possible at the office) in order to discuss their prospects of recovery. Please see absenteeism interview week 3 below.

The Occupational Health and Safety Service will send the employee a ‘Personal Declaration’ at the end of the second week of absence, with the request that they complete and return the declaration within two days. The document includes a number of questions for the employee regarding their absence. The employee will receive an invitation to attend the absenteeism interview by post if deemed necessary by the occupational physician or supervisor. Your employee will be obliged to attend the interview.Naturally, you or the employee can always request a consultation with the occupational physician (sooner)?

Every organisational unit has its own occupational physician. Please consult the Occupational Health and Safety Service to find out who the occupational physician is for your faculty, staff department or service and what their consultation hours are. The occupational physician will be available for consultation and/or advice on any given working day. They will have scheduled one hour per day for such consultations. It also contains on other services provided by the Occupational Health and Safety Service, such as workplace advice. Please also see AMC Occupational Health and Safety Service - services

The occupational physician provides employees and supervisors with advice regarding employability and on how to achieve swift and long-term reintegration. The occupational physician’s precise responsibilities are outlined in section 4.4 of the AUAS Incapacity Protocol.

https://icthva.sharepoint.com/sites/beleid/Documents/incapacity-policy-hva.pdfIf your employee has not yet recovered after two week, it is vital that you conduct an interview with your employee in the third week of absence (if possible at the office). During this absenteeism interview, you and the employee will discuss whether they believe they will have fully recovered in the third week of absence.

Sample questions.

1. How are you? (Provide a sympathetic ear, do not record any health information!)
2. How long do you expect your absence to last?
3. Mention that you wish to request a consultation with the occupational physician for the employee if it appears that a return to work cannot take place in the 3rd week of absence at the latest.
4. Please indicate that you wish to prepare a number of questions for the occupational physician with the employee (please see AUAS Incapacity Policy, Annex C Supervisor questions for absenteeism supervision).
5. Inform the employee that they will be receiving a ‘Personal Declaration’ from the Occupational Health and Safety Service this week (third week of absence).
6. Point the employee to the possibilities available for work-related care.

Often there will be more going on if your employee is unable to return to work in the 3rd week of absence. That is why it is crucial that your employee should receive the help and support they need as soon as possible. In these circumstances, you will be taking the following actions during and after the absenteeism interview in the third week:

1. Inform your employee that they will be requested to attend a consultation with the occupational physician.
2. Prepare for the consultation with the occupational physician with your employee. In order for you to receive SMART advice from the occupational physician, provide them with the information on the situation beforehand and ask them a number of questions to focus their advice. Please see AUAS Incapacity Policy , Annex C: Supervisor questions for absenteeism supervision (PDF)
3. Point the employee to the possibilities available for work-related care.
4. Ask HR to start the reintegration file from the personnel file under tab ‘Illness, accidents and occupational health and safety’ by DSPM.
5. Discuss the situation with your HRM adviser or Internal Absenteeism Support Officer and coordinate the next steps with them.

After your employee has attended the consultation with the occupational physician, the occupational physician will send you and your employee and the HRM adviser the consultation assessment. This assessment consists of the recommendations of the occupational physician aimed at whether or not you are able to resume work, returning to work with alternative employment, and a prognosis with regard to full recovery. It is vital that the occupational physician’s recommendations focus specifically on building of responsibilities and hours.

You and your employee will draw up a plan based on the recommendations of the occupational physician designed to build up their responsibilities to return to work. The objective is to ensure full resumption of work as soon as possible. For any advice, you may consult the HRM department.

In some cases, an employee will be unable to return to work (fully) within 6 weeks. You and your employee will take an active approach to ensure their long-term reintegration as soon as possible. You will jointly manage the reintegration process and take the necessary steps in a timely manner. The occupational physician or other experts of the Occupational Health & Safety Service or Employee Insurance Agency (UWV) will provide advice in this context and will be able to provide services if needed.

PROBLEM ANALYSIS

The occupational analysis will draft the problem analysis in the 6th week of absence. The problem analysis will outline the limitations of the employee, what possibilities there are for them to return to work and what interventions are required. Similarly to the consultation assessments, the occupational physician will communicate this document to you, the employee and HRM.

ACTION PLAN

Based on the problem analysis, you and the employee will draft an action plan for their reintegration. The Action Plan form is available on the UWV website - employers - action plan for illness In the action plan, you will agree on what the reintegration objective is and how quickly and permanently the employee can return to work.

PERIODIC 6-WEEK EVALUATION

At least once every 6 weeks, you will be discussing the progress of the reintegration process and adjusting the action plan if necessary. These conversations will be recorded in the (First year) evaluation form, please see UWV - employers - evaluation . In this way, you will know whether the reintegration objective is being achieved. In addition, the employee will attend regular consultations with the occupational physician and you will keep the occupational physician informed of the progress of the employee’s reintegration. All documents must be stored in the reintegration file.

The AUAS Absence due to Illness Protocol refers to official UWV forms (such as Action Plan, (First year) evaluation) and Act ion Plan Final Evaluation). These forms are only in Dutch available for download on UWV - employers - action plan for illness . The forms must be signed and completed in Dutch by the supervisor and the employee and must be kept in the reintegration file. Ask HR to add the forms to the reintegration file from the personnel file under tab ‘Illness, accidents and occupational health and safety’ by DSPM.

The following information may be requested on UWV forms or in phone communication:

Membership number: 04200000 9000023

Payroll tax code: 815291152 and then L01

If an employee has been ill for over 6 week, this may affect their terms of employment. Please see the effects in chronological order below. It it crucial that you inform the employee of these effects in a timely manner. Personnel and Salary Administration (PSA) will ensure the suspension of terms of employment. HRM will be informed accordingly. For more information please see t he AUAS Incapacity Protocol (pdf).

After 6 weeks of illness:

• The reimbursement for travel other than by AUAS bicycle or public transport will be suspended in the case of full incapacity for work (Article 7 Commuting Expenses Reimbursement Scheme).
• The employee must reapply for the reimbursement for travel or make appropriate changes in DSPM themselves once they have (partially) recovered (even if they are working as part of occupational therapy). Employees are entitled to reimbursement based on the number of the actually days of commuting travel per week.

For more information and the AUAS Commuting Expenses Reimbursement Scheme, Article 9, please consult on Travel-expenses.

After 13 weeks of illness:

• In the event of full incapacity for work, the salary deductions as a result of participation in the SOP (Policy regarding senior employees in education) scheme will be temporarily suspended. The reason for this is so the employee can no longer enjoy reduced working hours.

• The salary deduction will be resumed once the employee is once again wholly fit for work.
• If they are partially incapacitated for work, you will make agreements with your employee regarding the continuation of the SOP scheme.
• Please see Collective Labour Agreement for Universities of Applied Sciences (CAO HBO), Section M-2-d, subsection 4, Annex XIII

After 26 weeks of illness:

• The accrual of supplementary holiday leave will be suspended. In the case of partially incapacitation, this leave will be accrued on the hours that the employee is fit for work.
• The accrual of Long-term Employability (LE) hours will be suspended. In the case of partially incapacitation, LE hours will be accrued on the hours that the employee is fit for work.

• PSA will correct the accrual of supplementary leave and LE hours every month based on the percentage that the employee is fit for work.

• The employee will continue to accrue statutory holiday leave (which is 4x the number of working hours per week).
• For more information (under More Information) please visit A-Z Leave, which contains the section ‘Outline of accrual and use of holiday hours’ under ‘Leave planner’.
• Please see Holiday leave in the Collective Labour Agreement for Universities of Applied Sciences (CAO HBO), Section J-7 and J-8
• For entitlement to LE hours, please see the Long-term Employability (LE) Regulations, Article 11 Illness

After 52 weeks of illness:

• Salary deductions due to participation in the Decrease in working hours for senior citizens scheme will be temporarily suspended (even in the case of partial incapacitation). Personal contributions will be resumed once the employee has fully recovered (please also see CAO HBO Section M-2-1, subsection 5).
• A 30%-cut will take place on the employee’s income – if they are able to work for less than 45% – calculated on the percentage that they are ill, in accordance with the HBO Illness and Disability Scheme (Section 4 ZAHBO).

Please note:

• Inform the employee of a possible deduction of income in the 39th week of absence, please see AUAS Absence due to Illness Protocol.

• Derogations from this rule may only take place based on the recommendation of the occupational physician. This must be submitted to the PSA.
• The employee will receive 100% of their income again once, on the advice of the occupational physician, they have carried out at least 45% of the responsibilities considered desirable for their employment scope for a continuous period of at least 13 weeks. According to the ZAHBO, the term desirable responsibilities means all activities that the employee is able to carry out, taking into account their competences and abilities as they have been determined by the occupational physician. Occupational therapy does not fall under the concept of desirable responsibilities.
• The period from the date that they may have already returned to work 45% of their normal activities in the 1st year will count towards the period.
• This income cut does not apply to compensation for the premiums of your healthcare insurance (CAO HBO Section T-4 subsection 2) given that it is in proportion to your employment scope, which remains unchanged in the case of illness.

After 104 weeks of illness:

Please note: Please consult the AUAS Incapacity Protocol for more information and consult HRM for advice.

• The employment contract of the employee will be amended if they have been declared to be less than 35% incapacitated for work by the UWV.

• The employment contract of the employee will be amended if they have been declared partially incapacitated for work (between 35% and 80% incapacitated for work)*
• The employee’s employment contract with the AUAS will be terminated if they have been declared wholly incapacitated for work in the long-term by the UWV (80 – 100% incapacitated)*
• The obligation of the AUAS regarding continued payment of wages as an employer will be terminated.

* In the event of a decision by the UWV of Partial Disability Benefits (WGA) 35%-80% or temporary 80%-100% incapacity for work: the employee will receive a WGA benefit and their employment contract will be amended (scope, position and salary) in accordance with Section Q-4 CAO HBO.

* In the event of a decision by the UWV of full incapacity for work (IVA) 80%-100% and long-term incapacitation: the employee will receive benefit under the IVA and their employment contract will be terminated in accordance with Section Q-2 subsection 1, sub b CAO HBO and Section 4b ZAHBO.

In some cases, an employee may not yet be ill, but something may be telling you that the employee is not doing well. You may suspect burnout. It is vital that you discuss this with your employee in order to determine what can be done to prevent them falling ill.

If the employee would prefer to discuss matters with the occupational physician first, they will be able to book an appointment with the Occupational Health and Safety Service for a preventive consultation. In addition, they will also be able to speak to a coach about work-life balance issues through the AUAS Academy.

In order to prevent absence due to illness, or absenteeism, as much as possible, the AUAS uses a number of service providers in the field of work-related care. A number of services are provided by the Occupational Health & Safety Service. Other services are provided by internal or external service providers. These services include coaching, staff welfare, professional advice, psychological interventions, physical interventions, workplace assessment and multidisciplinary interventions.

Recommend that your employee consult the Work-related Care Provider Guide and to potentially discuss matters with the occupational physician. Ask you employee what you might be able to do to provide support. Make sure that no medical details are discussed. Please also see Preventing absenteeism and Work-related care for more information.

If an employee has been absent due to illness on 3 or more occasions within the space of a year, this signals a pattern of short-term frequent absenteeism. This requires more efforts both from the supervisor and from the employee. Frequent absences can signify an imbalance, possibly caused by tensions at work or due to personal circumstances.

In this case, you should speak to the employee in order to identify what you, the employer, and what they can do to break this pattern. Discuss what they can do to reduce absences with your support. Point the employee to the possibilities of support in the Work-related Care Provider Guide. At the recommendation of the occupational physician, for example, the employee may be referred to the staff welfare officer.Please also see Preventing absenteeism and Work-related care for more information.

To protect the privacy of the employee, absenteeism supervision must also meet the requirements set out by privacy laws. These laws prescribe what kind of employee data may be requested and registered by the supervisor. The new AUAS Incapacity Policy due to Illness is in compliance with privacy laws and the AUAS Incapacity Protocol takes this into account in the implementation of absenteeism supervision.

It is crucial to keep in mind that the conversation between you and your employee may not relate to the condition, the nature of their complaints, the treatment or functional limitations. These are issues that they will discuss with the occupational physician or other medical specialists. The employee may touch on the subject at their own initiative, however, if that happens, you may not record this information. You will, however, discuss what is needed to encourage the employee’s reintegration with them and which responsibilities they are still able to carry out.

AUAS Incapacity Policy , Annexes B and C, outlines which information you as a supervisor may ask and record in relation to an absence or during an absenteeism interview. It also outlines what information the occupational physician is allowed to share with the supervisor.

More information:

• AUAS Incapacity Policy: Chapter 8 and Annexes B, C and I
• Privacy on A-Z

1. An employee with a chronic illness or a functional or occupational disability requires extra attention and time when it comes to keeping them employable, for example, through the adaptation of their working conditions. This approach highlights the opportunities and possibilities and the active role of the employee, rather than their limitations, in the dialogue between the employee and the supervisor. The principal advantage of this approach is that the employee is involved as much as possible, resulting in absence potentially being limited. The occupational physician can always be consulted regarding specific questions or advice.

More information: Policy on employees with a functional disability, chronic illness or occupational disability

The tightening of the various laws has resulted in a significant amount of expertise and customisation on the part of the supervisor in relation to the execution of case management duties corresponding to absenteeism supervision. In order to ensure that the statutory duties are carried out in a timely and appropriate manner, supervisors may sometimes wish for additional support. In order to facilitate this, the AUAS offers various types of support that may be able to affect the absenteeism process in a positive way.

Management teams of the faculties, departments and services, in consultation with their HRM lead, will be able to pick the type of support best suited to their circumstances. Certain types of support can be implemented temporarily, for example during a period where there is a high rate of (structural) absenteeism.

More information: AUAS Incapacity Policy: section 4.5 and Annex D

If you suspect that absenteeism relates to a workplace conflict, you are advised to call up the staff member promptly for a consultation with the occupational physician. You should inform the occupational physician of the situation.

The occupational physician will assess whether or not absenteeism is due to illness or medical impairments. In accordance with the STECR Working Guide for Workplace Conflicts, the occupational physician will hear both sides before formulating advice.

If your staff member is not yet able to fully or partially resume work, you will take further steps together with your staff member in the second year so that he or she can continue to recover and fully or partially resume work.

REHABILITATION AT AUAS (PRIMARY TRACK)
In the first year of illness, rehabilitation focuses on returning to work at AUAS. This is referred to as the primary rehabilitation track. An occupational consultant is often engaged to examine and advise on the possibilities of a staff member returning to work in their own position, adapted or otherwise, or another position at AUAS. If it becomes apparent that rehabilitation at AUAS is not possible, the secondary rehabilitation track will be initiated.

REHABILITATION OUTSIDE AUAS (SECONDARY TRACK)

In the second year of illness, rehabilitation also focuses on working for an employer other than AUAS. This is referred to as the secondary rehabilitation track (legal requirement). If the situation so dictates, the secondary track may be initiated earlier. In terms of rehabilitation, this means that you, together with your staff member and on the advice of the occupational physician and occupational consultant, will examine the possibilities for returning to work outside AUAS. You may engage a rehabilitation agency to provide assistance and counselling.

FIRST-YEAR EVALUATION
At the beginning of the second year of illness, the progress made on rehabilitation during the first year of illness will be evaluated. You should complete the First Year Evaluation form together with your staff member for this purpose.

If the staff member submits an application to the UWV for a WIA benefit at a later stage, the UWV will include the first-year evaluation in its assessment of whether AUAS and the staff member have made sufficient efforts to enable the staff member to return to work.

For more information, please see the AUAS Incapacity Protocol.

INCOME REDUCTION IN THE SECOND YEAR OF ILLNESS
In the first year of illness, the staff member’s salary will be paid in full. This also applies to the fixed allowances included in the staff member’s salary.

From the second year of illness, the staff member's income will be reduced by 30% if the staff member is less than 45% fit for work, calculated according to the percentage of sickness. For more information, see the question: What are the consequences for the terms of employment of my staff member and what is my role? – after 52 weeks

If your staff member has been ill for almost two years and it is clear that he or she has not fully or partially recovered by the end of the second year of illness, your staff member will receive a letter from the UWV approximately two months before the end of the second year of illness about applying for a WIA benefit under the Work and Income (Capacity for Work) Act.

The UWV will assess whether your staff member is eligible for a WIA benefit. You should then discuss the UWV’s decision and the consequences for the staff member’s employment contract with your staff member.

For more information, see the questions: What are the consequences for the terms of employment of my staff member and what is my role? and the page: Illness and absence – staff – What is the WIA?