Stichting Mental Health Caribbean

Section 3 D - Chapter 5
Labor, Health and Vitality

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D - 5.1. Continuation of payment of wages and Sick Pay for Incapacity to Work (applicable as of January 1, 2025)

1. From the first day of incapacity for work, the employee receives 80% of his salary for 24 months.

2. Per calendar year, the employee receives a supplement to the continued payment of wages up to 100% of his salary referred to in Article 1 for sixty working days. Periods of incapacity for work within the same calendar year are added together.

3. If the employee is incapacitated for work at the start of a new calendar year and this incapacity for work is a subsequent continuation of incapacity for work in the previous calendar year, the right to the supplement referred to in paragraph 2 does not arise until a new sick report is made in the new calendar year. Reporting sick within four weeks of full recovery does not count as a new sick report.

4. During the Incapacity for Work, the Employee retains the right to holiday allowance, based on the annual salary as referred to in Article 4.10 section 2.

5. Wages, or an advance on wages, shall not be payable by the Employer in cases on the basis of which, according to statutory sickness and accident insurance, the entitlements granted to the Employee therein do not exist or have been lost, such as, for example, in the following cases:

a. if the illness or accident is due to intent, gross negligence, misconduct, drug use or drunkenness on the part of the Employee;

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

c. if, at the time of commencement of employment, the Employee has provided incorrect or incomplete information about his state of health, insofar as these relate to the Incapacity for Work in question.

6. If the Employee is entitled to any monetary compensation or benefit during the Incapacity for Work as referred to in Article 7A:1614c, paragraph 4 of the BES Civil Code, the salary pursuant to paragraph 1 of this article will be reduced by the amount of that compensation or benefit. The Employee is obliged to the Employer to cooperate fully in obtaining such compensation or benefit and to provide the Employer with all relevant information about such compensation and/or benefit.

7. If an independent body, in consultation with the Union, is of the opinion that a non-100% able-bodied Employee is able to perform work belonging to a position existing at the Employer in a manner as if there were no disability, the non-100% able-bodied Employee will be preferred if there is a vacancy for this position.

8. The remuneration will then be based on the collective labor agreement scale associated with such a position to be held. This provision will in any case lapse as soon as a law on disability insurance or a general law on disability has entered into force.