As a manager, what do I need to know and do?

• My employee is in danger of becoming incapacitated. What can I do?

  If you suspect that one of your employees will become incapacitated for work due to circumstances at work or at home, you can try to avoid this by:

  • conducting a conversation on the basis of an open, committed attitude and by looking for solutions together, such as temporary adjustments of tasks or working hours
  • referring the employee to the occupational health physician for a preventive consultation
  • requesting advice from the HR Advisor and/or the occupational health physician

  Signals for impending incapacity include:

  • frequent short absence
  • a sudden change in behavior in the workplace
  • psychological problems
  • an imbalance between work and home

• My employee has reported ill. What do I do?

  It is important that you keep in contact with your employee on a weekly basis whilst he is ill. Showing a sincere interest helps to maintain contact and facilitates the employee’s return to work.

  You can also discuss when he expects to resume his duties. Together with the employee, you assess whether (temporary) adjustments in tasks or working conditions can speed up a possible return to work. Furthermore, discuss what work the employee can still do, for example from home.

  Important: If you suspect psychological problems, problems at home or that the absence is work-related, you must consult the occupational health physician as soon as possible. This can prevent or limit long-term absence. You can arrange for the employee to be invited for a consultation, in consultation with the occupational health physician. The occupational health physician advises you about the limitations, possibilities and prognosis with regard to a possible return to work.

• What can I ask my employee and what not?

  Attention is vital. It is important that you show a personal interest in the welfare of your employee. Besides personal interest, you can ask the following:

  • When do you expect to return to work?
  • What can I do for you?
  • Can colleagues take over any tasks or deputize?
  • Do you have help/support at home or in your immediate environment?
  • How do you want your colleagues to be informed about your absence?

  In the event of (imminent) long-term absence:

  • Would you appreciate your colleagues contacting you?
  • Do you want to be kept informed of developments at your place of work? And how?

  Invite the employee to come and have a coffee. This helps to reduce the (possible) return-to-work threshold. Consider resources that can facilitate the employee’s return or the execution of his work, such as a laptop, wheelchair or transport. A temporary parking permit on medical grounds can be applied for via FCO; parkeeradvies.arbo.milieu.amd@vu.nl.

  What you cannot ask:

  You may not enquire after the reason behind the sick leave or ask about medical information or information about practitioners (see: Privacy). Incidentally, your employee will often tell you about this anyway. Because of privacy rules, you may not record this information or discuss it with third parties without the employee’s permission. Only the occupational health physician may include such information in the medical file.

• My employee is ill on a regular basis. What can I do?

  • If your employee has reported ill more than 3 times during the past calendar year, it is advisable to conduct a frequent absence interview. There may be clearly identifiable causes for the employee to report ill, but it is also possible that your employee is uncomfortable in his or her position or has lost some motivation.
  • You need to take the initiative for this absence interview, in which you try and identify the reasons for the frequent absence in conjunction with the employee. The meeting must have a positive approach. You, therefore, do not call your employee to account but make a joint assessment as to whether the reasons are work-related and also search for possible solutions jointly with the employee. You are not allowed to enquire after the medical causes (see: Privacy). If there are any medical reasons, you can refer the employee to the occupational health physician for personal advice. 
  • In the event of private issues or psychological problems, you can remind the employee of the possibility to contact staff welfare. Frequent absence can be a precursor for long-term absence, as is absence due to back pain, psychological problems and disturbances in the balance of employees’ work and private lives. It is advisable to include sick leave as a subject in the annual interview.

• My employee has been ill for (more than) 4 weeks. What action do I need to take?

  • If your employee has been ill for 4 weeks and you do not expect him/her to fully resume his/her duties in 2 weeks, invite the employee for a consultation with the occupational health physician. You can make an appointment for your employee at the doctor by contacting the secretariat of the Occupational Health, Safety and Environment Department.
    
    The occupational physician must draw up a Problem Analysis within 6 weeks of the employee reporting ill. It specifies the limitations of the employee but also which activities the employee can still do. The occupational health physician will add the Problem Analysis (without medical data) in the Absence file of the employee. It is important to pass on any relevant information about the working conditions of your sick employee to the company doctor in advance, for example information about the nature of the work, the workload, the situation within the department and/or the cooperation with colleagues and the manager.
  • If you have specific questions, you can ask the occupational health physician. For example, see the question ‘What questions can I ask the occupational health physician?’
  • Based on this Problem Analysis, you draw up an Action Plan together with your employee no later than 8 weeks after the first day of illness. The plan sets out agreements about the rehabilitation process; the advice of the occupational health physician must be included therein. Make sure that you never include any medical information in the Action Plan, as this is not permitted with a view to the privacy of the employee. The Action Plan, signed by you both, will be included in the Absence file.
  • Every 6 weeks you evaluate the progress of the rehabilitation together with the employee and adjust the Action Plan, if necessary.
  • Make an evaluation report of each contact and include it in the employee's absence file.

• My employee has been ill for 6 weeks: discontinuation of fixed commuting allowance and working-from-home allowance

  If your employee has been fully ill for 6 weeks, according to the absence records, the fixed commuting allowance and working-from-home allowance will be discontinued. Tax ruling stipulates that the employer must cease these allowances in case of full illness. This does not happen immediately, but only after a full calendar month following the month in which your employee reported fully sick.

  Remind the employee of filling out the commuting statement

  As soon as your employee is able to work partly or fully again, then they have to fill out a new commuting statement immediately. In the commuting statement, they enter how many days per week on average they expect to commute to VU Amsterdam. From this date on, the allowances will then be paid again. 

  If the employee travels more days to VU Amsterdam later on in the recovery process, then the employee must fill out a new commuting statement to adjust this. This also applies to a situation of an unforeseen relapse in the recovery, causing the employee to be able to work less.

• My employee will have been ill for 52 weeks soon. What action do I need to take?

  If your employee has been ill for nearly 52 weeks, he/she will receive a letter from the Employee Insurance Agency (UWV) requesting him/her to evaluate the rehabilitation process together with you. Invite your employee for a meeting to conduct a First Year evaluation.

  When the employee has been ill for almost a year and the employee is not expected to fully return to work within three months, it is a good time to determine whether both parties are making sufficient rehabilitation efforts. At this stage, there is still time to adjust before the Employee Insurance Agency (UWV) will start testing. If the parties are unable to come to an agreement, an expert opinion can be requested from the Employee Insurance Agency (UWV).
  
  It will not happen often that you need to hold a First Year Evaluation, so please seek the advice of your Absence Advisor.

  You will receive a reminder e-mail/notification from the HR Service Desk in this respect. For this, use the First Year evaluation form of the Employee Insurance Agency (UWV). You give a copy to the employee. The First Year evaluation form will be included in the employee's Absence file. 

  Social Medical Team (SMT)

  It is recommended that you consult the occupational health physician, the HR Advisor and Absence Advisor in advance, a so-called mini SMT (Social Medical Team). This may also be the time that an assessment is made as to whether a return to work in the employee’s own position is feasible, or whether an alternative route will be pursued. The occupational health physician and the HR Advisor can advise and support you in this. You ask the secretariat of the Occupational Health, Safety and Environment Department to make an appointment with the occupational health physician.
  

• My employee is sick for one year. A wage cut follows.

  If the employee has been ill for one year, his/her salary will be reduced under the terms of Article 4 of the Sickness and Disability Scheme for Dutch Universities (ZANU). The salary will be reduced to 70% for the hours that he/she no longer works. The employee will retain his/her full salary for the hours that he/she does work.

  The employee will be notified of this in writing.

• What questions can I ask the occupational health physician?

  Questions you can ask the occupational health physician are: 

  • Does the employee do the right things to facilitate his/her recovery?
  • What is the employee’s current work capacity in hours?
  • What are the expectations in terms of the build-up in hours?
  • What is the prognosis of recovery?
  • Can the employee perform all his/her duties? What can he/she still do and what not?
  • How can I, as a manager, support my employee?
  • Is it wise to refer the employee to a specific practitioner or to offer coaching?
  • Is a return to work in the employee’s own position a real rehabilitation goal, or should an alternative be sought (an alternative route)?

  You can also inform the occupational health physician about how you think the employee is doing. In the presence of the occupational health physician, an employee sometimes pretends to be doing much better than he/she does in actual practice. The occupational health physician will include your information in his judgment and advice.

• Illness and holidays

  Accrual of holiday leave hours during illness

  When ill, the employee continues to accrue holiday hours in full.

  Time off during illness

  Long-term ill employees are allowed to go on holiday leave and take holiday leave hours according to their work schedule. By law, every employee must take holiday leave of (at least) four working weeks a year; long-term ill employees have to use holiday leave hours for this. The timing and duration of holiday leave during illness must be carefully coordinated between the employee and the manager. The employee discusses the holiday leave plans with the manager in good time and, once approved, records the holiday leave hours via the self-service option Holiday leave and holiday leave chart. The manager ensures that the holiday leave hours are actually taken.  

  Only in exceptional cases may the sick employee be unable to take any or all of their holiday leave hours. In general, this is only the case if the employee is admitted to a hospital or other care institution and/or is bedridden, or if the employee is so dependent on others for activities of daily living that they are unable to care for themselves. The occupational health physician will advise on this.

  Holidays should not hinder reintegration activities. If there is any doubt about the consequences for the reintegration process, the manager can seek advice from the HR Advisor and/or the absenteeism advisor.

  2 years of illness or sick leave

  If you have an employee who is close to 2 years of sickness or going sick-out, ask the Absence Advisor for advice in good time.

• Absence management support for the manager

  You can be assisted by the HR Advisor, the Absence Advisor, the occupational health physician and staff welfare officer in the implementation of absence management. How you will be supported by these officers is set out in the VU Policy on Sick Leave and Absenteeism (roles and responsibilities of various parties involved in the event of sick leave). If you need support or coaching in conducting absence interviews, you can contact the HR & Health, Safety and Environment department to discuss the possibilities. For advice on the absenteeism process, you can always contact one of the Absence Advisors at verzuimdesk@vu.nl.

  Social Medical Team

  You can discuss the sick leave, the problem analysis and the rehabilitation process within the Social Medical Team (SMT), per individual employee. SMT consultations also discuss more general matters, such as working conditions, trends and developments regarding sickness absence and preventive measures within the department. The SMT consists of the direct manager, the Director of Operations, the HR Advisor and the occupational health physician. The occupational social worker is available on call. The SMT meets on your request. Please contact your HR Advisor for this. 

  Departmental consultations

  If you identify possible bottlenecks in the working conditions and/or an absence culture at department level that lead or could potentially lead to high levels of sick leave, you can discuss this during the departmental consultations. You can use these consultations to take stock of possible bottlenecks and jointly look for possible solutions. Examples include issues such as workload, working hours, the distribution of work, the set-up of workstations, culture, manners and (undesired) behavior. You can obtain advice during the SMT meeting and/or discuss the approach of structural causes of sick leave in your department.

• Privacy

  Everyone is entitled to privacy. This particularly applies to medical data. As a manager, you are not legally permitted to ask your employee about the exact nature and cause of his/her illness. The employee may, of course, tell you what is wrong of his/her own free will (voluntarily). As a manager, you are not permitted to write this down in, for example, an e-mail or in the personnel file, nor can you discuss this information with third parties without the employee’s permission.

  However, as a manager, you can ask for information that is necessary to assess the next steps in terms of the progress of the work. For example, when you expect your employee to return to work and whether there are any scheduled arrangements that need attending.

  The occupational health physician, like any other physician, is bound by doctor-patient confidentiality. Therefore, he is allowed to enquire about medical information and store medical data of your employee in the medical file. This medical file is fully secured and protected. Only the occupational health physician and employees at the Occupational Health, Safety and Environment Department secretariat working under the direct authority of the occupational health physician have access.

  The occupational health physician will never pass on medical data to supervisors or the HR Advisor.
  Based on the medical data, the occupational health physician issues an opinion on the employee’s possibilities and limitations regarding his/her work. As a manager, you need to assess with the employee what work he/she can (still) do based on his/her possibilities and limitations.

Absenteeism costs for (long-term) sick employees

• Types of costs

  Disability due to illness incurs significant costs for the unit where the employee is employed. These may include:

  • costs for replacing the employee
  • costs for statutory guidance and reintegration
  • costs arising from the VU Amsterdam's own-risk bearer status, such as payments for the Sickness Benefits Act or the WIA benefits

  Sick employees must be supervised by law during the first 104 weeks (2 years) of their sick leave. The aim is a sustainable return to work within VU Amsterdam or, if this is not possible, with another employer. This falls under the Eligibility for Permanent Incapacity Benefit (Restrictions) Act, which requires both employers and employees to actively cooperate in reintegration.

  Absenteeism costs can be significant, even if they are not always immediately visible. Although the number of employees who leave VU Amsterdam sick and remain ill for long periods is relatively low, in extreme cases, VU Amsterdam can still bear WIA obligations for up to 10 years. Employees who receive unemployment benefits after their employment also incur costs. Young employees usually have shorter WW entitlements and find new work more quickly, so the costs for VU Amsterdam are more limited in those cases.

  To keep the administrative processing manageable, the division HR, Health Safety and Environment pays all invoices from external suppliers relating to absence and reintegration costs during the calendar year. Once a year, these costs are divided among the units by the division Finance and processed in the annual figures.

• Allocation of internal implementation costs in case of illness

  The manager is responsible for supervising the sick employee and is assisted in this by an HR Advisor. In addition, the division HR, Health Safety and Environment provides specialised support for complex and long-term cases through absence advisors

  The fixed internal HR costs are charged pro rata to the headcount as part of the general HR rate via the Cost Recharge Model (KDM).

• Attribution of external implementation costs in case of illness

  As an education and research institution, VU Amsterdam is own-risk bearer for the Sickness Benefits Act and the WIA benefits. This means that all associated costs are borne entirely by the organisation and cannot be insured. These costs are part of the total budget and annual accounts.

  There are four possible situations with sick leave:

  1. Sickness and recovery within 104 weeks

  If an employee recovers within this period, external costs may arise after 9 months of illness, such as:

  • work expert examination
  • guidance to work outside VU Amsterdam (the so-called second track reintegration
  • wage value expertise

  These costs are paid by the division HR, Health Safety and Environment based on invoices from external suppliers.

  2. Not fully recovered after 104 weeks

  If an employee is not fully recovered after 104 weeks, a WIA benefits application to the UWV follows. This may lead to various situations:

  a. the employee continues to work (partially) at VU Amsterdam

  • the employee receives a WIA benefit and continues to work at VU Amsterdam in an adapted job
  • external reintegration costs remain possible
  • wage costs and WIA benefits are paid by VU Amsterdam and passed on to the unit

  b. the employee works elsewhere after the WIA assessment

  • the employee receives a WIA benefit and works for another employer
  • VU Amsterdam remains responsible for reintegration through SV Land for up to 10 years
  • costs consist of fixed subscription costs and case-dependent costs

  3. Leaving the organisation sick

  When an employment contract of a sick employee expires without an extension, this employee is leaving the organisation sick. Normally, such an employee comes under the Sickness Benefits Act via the UWV, but because VU Amsterdam is bearing the risk itself, the organisation remains responsible.

  • reintegration is continued by VerzuimConsult, an external party that takes over the supervision
  • VU Amsterdam remains responsible for the costs of reintegration and possible benefits
  • when the employee concerned recovers, he or she can apply for unemployment benefit, which also involves costs
  • if the employee remains ill for a prolonged period, a WIA assessment will follow and the case may end up with SV Land

• Role of the absence advisor in external costs

  The absence advisor within VU Amsterdam has a supervisory role in the event of (impending) sickness leave and advises on complex cases. The main tasks are:

  • coordination of reintegration activities in accordance with the Eligibility for Permanent Incapacity Benefit (Restrictions) Act
  • supervision of external services and cost control
  • cooperation with HR Advisors and legal specialists
  • supervision of sick employees, employees leaving the company sick and WIA beneficiaries

  If specialist external expertise is required, it is contracted by the staff welfare officer from contracted parties. Invoices are linked to the unit where the employee was employed so that costs remain traceable.

Health, Safety and Environment