Do you have an employee who is a long-term absentee? If so, this employee can apply for WIA benefits after one or two years of absenteeism. The Work and Income according to Labour Capacity Act (WIA) provides a financial safety net for employees who are unable to work (fully) due to illness or a disability. It regularly happens that the UWV is late in making a decision on the WIA application. What is the impact of this on the employer as an employee?
Importance of (timely) WIA decision
When the UWV approves the WIA application, it means the end of the employer's wage payment obligation. The UWV takes over this responsibility. If this decision comes too late, it means in many cases that the employer has to bear the wage costs longer.
What can you do in the event of a late WIA decision?
- Keeping in touch with the UWV
Contact the UWV immediately if you notice a delay in the decision. Inquire about the status of the WIA application and ask for a specific deadline for the decision. Record all contact times and keep written communications. This may be helpful later if you want to object or file a complaint.
- File a complaint
Does the delay last unnecessarily or unreasonably long? If so, you can file an online or written complaint with the UWV. The complaint requires the UWV to look at the file, which can speed up process.
- Requesting an advance
In some cases, the UWV may grant an advance to the employee until the final decision is made. While this advance initially supports the employee, it can also provide relief for you because it prevents you from incurring additional wage costs.
- Object to continued wage payment obligation
If the delay results in additional wage costs, you can also object to the wage continuation obligation of this case. You can use as a reason that you have fulfilled all reintegration obligations and that the delay is beyond your control.
- Legal Steps
Do you hear nothing back from the UWV or is it a complex situation? Then you can call in a lawyer specialized in labor law. A lawyer will assist you in filing an objection or complaint(s) and help you protect your rights.
