Absence protocol

A12 Personnel Services BV

1. Reporting sick

In case of illness, the employee must report before 8:30 a.m. on the first day of illness. call in sick to his direct supervisor. If the employee is unable to call in sick himself, he can have someone else do it. If an employee becomes sick during working hours, he personally reports sick to his direct supervisor.

When reporting sick, the employee indicates:

• What current agreements are there and which activities can be transferred?

• What the expected duration of the absence will be;

• What the employer can do to help;

• The (nursing) address and telephone number at which the employee can be reached;

• Whether there is a 'safety net situation'. A safety net situation is defined as:

incapacity for work due to pregnancy, due to structural functional limitations (formerly disabled, WAJONG) or due to organ donation (not mandatory to report)

• Which activities can still be carried out;

• Whether there is incapacity for work as a result of an accident for which a third party is liable.

• Whether there is a traffic accident with the possibility of recovery.

2. Accessibility

A sick employee must always be available between 08:00 and 18:00 at the specified (nursing) address for (unannounced) contact with the employer during the first 2 weeks of absence. For example, the employee may be called by the employer for more information or may be requested to visit the location. If the employee is not present, someone else at that address must be able to tell them where they can be reached. Staying at another address, permanently or temporarily, must always be reported to the manager.

3. Explanation of reintegration plan

In order to implement the absenteeism policy, a personal reintegration plan has been drawn up. Following the sick leave notification, the employer will contact the employee in the first week to discuss the reintegration plan, their situation and to discuss any measures in connection with the absence. There will be contact between employer and employee at all times. Suitable work will also be sought at all times. And it will be discussed how often and in what way there will be contact between employer and employee.

4. Consultation hours

If necessary, the employee will receive a call for the consultation with the occupational health and safety physician. An appointment with the occupational health and safety physician is arranged based on three causes: In the event of inability to attend, the employee will inform the employer by telephone as soon as possible. The employer and employee will receive feedback from the occupational health and safety physician on what was agreed upon during the consultation.

5. Medical examination

If a medical examination is necessary to assess the (in)capacity for work, the employee is obliged to cooperate. The medical examination is carried out by or on behalf of the company doctor.

6. Problem analysis and advice

In consultation with the occupational health and safety physician and based on all available information, a problem analysis is drawn up and the occupational health physician gives advice to the employer and employee about the return to work process. This information is provided to both the employer and the employee. Of course, the rules about who receives which information are observed.

7. Plan of action

Based on the problem analysis and the associated advice, the employer and employee together draw up a plan of action to achieve recovery. As soon as this plan has been approved by both parties, the employer receives.

8. Reintegration file and WIA application

The Gatekeeper Improvement Act obliges employers to record all efforts made to achieve a successful return to work in the reintegration file. This may include conversation reports, but also feedback from (evaluation) consultations and adjustments to the established plan of approach, as well as the first-year evaluation. In a very small percentage of all absenteeism cases, returning to work is not possible within two years. In that case, the employer and employee will have to deal with a WIA application. The employer and employee use the data from the reintegration file to compile the reintegration report, which is required when the employee applies for the WIA.

9. Cooperation in activities aimed at returning to work

Employee and employer are jointly responsible for recovery and a responsible return to work as soon as possible. They work together on the guidance and activities aimed at this, such as training, education, partial return to work and work adjustment. The employee takes an active role in this process.

10. Do not hinder healing

During the period of incapacity for work, the employee must cooperate optimally in his recovery and adhere to the agreements made with the occupational health and safety doctor and his employer.

11. Recovery

The occupational health and safety physician advises on the possible date on which the employee can resume work. If the employee is unable to return to work on the agreed date, the employee must immediately inform the direct supervisor.

12. Open consultation hours (Occupational Health and Safety consultation hours)

An employee can contact the occupational health and safety service on their own initiative about health and work, for example by visiting the open consultation hour, even if there is no question of incapacity for work. Staff representatives can also use this consultation hour. The employer does not have to be informed about these contacts.

13. Holiday

If an employee wants to go on holiday during incapacity for work, he needs permission from his direct manager. If the employee goes on holiday or leave, the employee must take leave for this himself.

14. Reporting sick from abroad

The same rules apply to sick leave from abroad as to sick leave from the Netherlands. This means that absence that occurs abroad is reported to the direct manager in the manner described above. In addition, a local GP must be called in as soon as possible for a medical certificate.

This statement must contain the following information:

• The nature of the disease;

• The course of the disease;

• The therapy prescribed;

• A statement of medical unfitness to travel (if applicable).

15. Objections and complaints

If an employee does not agree with advice or statements from the company doctor or with proposals or activities from his employer, he can request an expert opinion, second opinion, from the UWV (Employee Insurance Agency). The costs of an expert opinion are for the applicant and can be requested from the UWV.

16. Sanctions

If an employee does not adhere to the agreements in the protocol or does not cooperate sufficiently in his recovery, this can lead to a warning. If there is no improvement and 3 warnings have been given, the employer has the right to suspend or even stop the payment of wages. If there is no improvement here either, dismissal without notice will follow. Incidentally, the UWV also expects the employer to do this.

17. Privacy

The employer and occupational health and safety service ensure that privacy-sensitive data are optimally protected against unauthorized persons. The privacy regulations specify exactly who may view certain data, how long they are stored and how unauthorized persons are prevented from gaining access to this information.

Medical information is only accessible to authorised employees of the occupational health and safety service or occupational health and safety company doctors who are bound by professional secrecy and services they provide for the employer. In certain situations, the company doctor may consider it desirable to provide certain information to the employer, for example to indicate restrictions for the purpose of work adjustment. In such a case, the employee is always asked for permission first.

* Wherever 'he' and 'him' are used, 'she' and 'her' can of course also be used.