Can I use the no-risk policy?

Does your employee have WIA status, but has called in sick? If so, you may be able to use the no-risk policy. But what is this policy and when can you use it?

What is a no-risk policy?

The no-risk policy is an arrangement for employees with an illness or disability. The purpose of this no-risk policy is to lower the threshold for an employer to hire or retain an employee. The scheme is aimed at both your own employer and a new employer. When your employee receives WIA benefits, he or she falls under the no-risk policy. This is regardless of whether you retained the employee after the WIA assessment or hired him or her again afterwards. However, there are conditions attached to this.

Conditions of no-risk policy with WIA status

The no-risk policy applies up to five years after receiving WIA status. After this period, the no-risk policy expires and can no longer be used. This is unless there is a very serious illness at the time an employee is hired or when he remains employed after the WIA assessment. In certain cases, an extension can then be requested.

A point of attention with the no-risk policy is the group of employees who are rejected less than 35% and thus do not receive WIA benefits. It is often assumed that the no-risk policy also applies to them. This is only partially true. When the employee starts working for a new employer, the no-risk policy does indeed apply for five years. However, when the employee continues to work for his own employer, this is not the case. Only when the employment is terminated after two years of illness, but the employee is rehired within five years thereafter does the no-risk policy apply.

When the no-risk policy applies, you as an employer may reduce the wages you must continue to pay during absenteeism by the sickness benefit to which the employee is now entitled.

Other situations in which the no-risk policy applies

In addition to a WIA status, there are other situations to which the no-risk policy applies:

• The employee receives WAO, WAZ or Wajong benefits from UWV;
• The employee once received Wajong benefits from UWV;
• The employee has a WSW indication from UWV, but does not work at a sheltered workshop;
• The employee was born before January 1, 1962, and had been on WW benefits for more than 52 weeks. He or she joined you from unemployment. The employment started between January 1, 2018 and December 31, 2019;
• The employee is included in the target group register and started working for you as an employer on or after January 1, 2015.

The no-risk policy remains valid in certain situations as long as the employee is employed. This applies when the employee:

• has (had) a Wajong benefit;
• has a WSW indication;
• sheltered works;
• falls under the jobs agreement.

Learn more about the no-risk policy

Would you like to know what the possibilities are for your employee or what the load capacity is? Please feel free to contact Puls for more information.