If you want to dismiss an employee on long-term sick leave, you apply for a dismissal permit from the UWV. You may do so from three weeks before the end of the ban on notice, which for illness usually lasts two years. The application stands or falls on the right documents: among others a statement from the company doctor and proof that you have tried to redeploy the employee. This article walks through the procedure and the required documents step by step.
This article is about the application itself. If you first want to know under which conditions dismissal after two years of illness is allowed, read when you may dismiss a sick employee. Below, the emphasis is on the practice: when you apply, what goes in it and which documents have to be included.
When may you apply for the dismissal permit?
Dismissal due to long-term incapacity for work runs through the UWV, not through the subdistrict court. You apply for the permit once the ban on notice during illness is over or almost over. Concretely, that is allowed from three weeks before the end of that ban on notice. For illness the ban on notice usually lasts two years.
In brief, these conditions apply for the permit: the employee can no longer work due to illness or disability, recovery within 26 weeks is not expected, the work cannot be adapted so that the employee can still work, and there is no other suitable role within the company or the group, not even with training. We do not elaborate on those conditions here; they are in the article on dismissing a sick employee.
Watch the timing around the WIA. If the employee applies for the WIA benefit too late, the ban on notice is extended by the number of days the application is late. You then have to wait longer before you can apply for the dismissal permit.
What do you put in the dismissal application?
In the application you substantiate why dismissal is unavoidable. The UWV wants to see the following in it:
- information showing that the employee can no longer work due to illness or disability;
- why you expect the employee still will not be able to work within 26 weeks, not even with adaptations;
- what you have done to redeploy the employee in another suitable role;
- information showing that the ban on notice during illness or incapacity is over.
That redeployment effort is a common thread. The UWV assesses not only whether the employee is incapacitated, but also whether you have done everything to prevent dismissal. That ties in with the efforts you have to demonstrate throughout the process, just as with the employer’s obligations in the second track.
Which documents do you always include?
The dismissal application comes with fixed attachments. Without these documents the UWV does not process the application:
| Document | Explanation |
|---|---|
| The employment contract | The contract with the employee |
| The job description | The role in which the employee worked |
| The WIA decision | Not needed if the UWV has not yet assessed the WIA application |
| Statement from the company doctor | No older than three months |
| Redeployment documents | Proof that you tried to redeploy the employee in a suitable role |
In some situations the UWV asks for other documents; that is then stated in the application form. Important: do not include documents with medical data about the employee. The medical substantiation runs through the company doctor, not through loose file documents.
The company doctor’s statement
The statement from the company doctor is the heart of the application. It sets out the employee’s possibilities of returning to work within 26 weeks, in the original role or in an adapted form. Those 26 weeks count from the date on which the UWV expects to make the decision. That is about four weeks after receipt of your complete application.
If there is no WIA decision yet, or no recent one, the company doctor also gives information in the statement about the employee’s incapacity at that moment. An exception applies to employees with an IVA benefit: then a statement from the company doctor is not needed, because the permanent incapacity has already been established.
How do you submit the application?
You upload the application form with all attachments through the employer portal. You need eHerkenning for that. If uploading does not work, you can send the application by post to the Legal Employment Services department in the correct region.
Is an attachment missing, or does the UWV need more information? Then you receive a letter with what is still lacking. You return that additional information within eight days. The UWV only processes the application once all the required documents are in. So make sure the file is complete before you submit; that saves weeks. A file that is not in order can also have led to a wage sanction from the UWV earlier in the process.
The official rules
Care4Careers summarises the main points, but the source is the UWV. You will find the full procedure and the application form on the UWV page about the dismissal permit for long-term incapacity. Rules, deadlines and forms can change, so for a concrete application always check the current information with the UWV.
Frequently asked questions
When may I apply for the dismissal permit? From three weeks before the end of the ban on notice during illness, which usually lasts two years.
Which documents do I always need? The employment contract, the job description, the WIA decision (if it already exists), a statement from the company doctor no older than three months, and proof of your redeployment efforts.
How old may the company doctor’s statement be? No older than three months. The statement is about the possibilities of returning to work within 26 weeks.
Do I always need a company doctor’s statement? No. If the employee has an IVA benefit, that statement is not needed.
What if my file is incomplete? Then the UWV asks for additions and you have to supply them within eight days. The application is only processed once everything is in.
Arranging dismissal after two years of illness properly?
Applying for a dismissal permit is the last step of a long process, and that is exactly when it counts whether your file is in order. Care4Careers guides employers through the entire second track, from the first day of illness to the conclusion, and helps with a second-track reintegration programme in which nothing falls through the cracks. See what second-track reintegration for employers can mean for your organisation.