Fundashon Mariadal Foundation

Section 3 C - Chapter 5
Labor, Health and Vitality

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C - 5.1. Continuation of payment of wages and Sick Pay for Incapacity to Work

1. In case of Incapacity for Work due to the Employee’s illness within the meaning of the BES Health Insurance Act, the Employer will continue to pay the Employee's Salary during the first two days.

2. Based on the BES Health Insurance Act, an Employee who meets the applicable conditions, and for a certain period of time during Incapacity for Work due to illness within the meaning of the BES Health Insurance Act, is entitled to sick pay equal to 80% of the Salary. The Employer advances the sick pay to the Employee, which will later be reimbursed on the basis of, inter alia, the BES Health Insurance Act. The right to sick pay is capped; a daily amount applies that will not be exceeded. For Employees with a Salary that is not covered by the sick pay for 80% of the Salary, the Employer shall supplement the deficit up to 80% for the period that the Employee is entitled to sick pay. This entitlement in respect of the Employer applies for 24 months maximum.

3. An Employee who is seriously or long-term ill will receive 100% of the Salary as sick pay for a maximum period of 60 days. After this period, the current wage-payment regulation, based on sick pay of 80% of the Salary, will apply. An Employee is considered seriously or long-term ill after the Occupational Health Physician, based on a written referral from a medical specialist, has declared the Employee unfit for work due to serious or long-term illness. The serious or long-term illness has a major impact on the Employee and may require intensive treatment by a specialist or, for example, long-term rehabilitation therapy.

4. Wages, or an advance on wages, are not payable by the Employer if situations occur pursuant to which the entitlements granted to the Employee according to the statutory health and accident insurance do not exist or have been lost, as, for example, in the following cases:

a. if the illness or accident is due to Employee's willful misconduct, gross misconduct, drug use or intoxication;

b. if the Employee has acted or failed to act in violation of regulations applicable to him;

c. if upon commencing employment, the Employee has provided inaccurate or incomplete information regarding his state of health to the extent that it relates to the relevant Incapacity for Work.