Section 46 ensures that an ex-employer can still be held responsible for a former employee's Sickness Act benefits. This is called aftereffect. In principle, an ex-employee falls under the aftereffect of an ex-employer if he or she reports sick within four weeks (28 days) after leaving employment.
After-effects of the sickness law
But even after four weeks, there can still be aftereffect of the Sickness Benefits Act. This is because the date on which the ex-employee actually reports sick is not important in determining entitlement to the Sickness Benefits Act under the backdated law. If the ex-employee can make it plausible that the first day of illness falls within the period of backdated sickness benefits, there may be an entitlement to the Sickness Benefits Act.
WW benefit awarded
If an unemployment benefit is granted in the meantime, there is no more aftereffect. This is because during the WW period there is a new insured situation. In the event of new employment elsewhere, the risk of the Sickness Benefits Act working after the WW period is also removed. However, in such a situation there may be a WGA claim.
Resolu has years of experience in assessing after-effects of the Sickness Benefits Act. Our case managers and physicians are familiar with the laws and regulations concerning backdated sickness benefits. As the party bearing the excess liability, you should therefore contact us as soon as possible in order to prevent further damage.
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