Maintenance of income after living donation
After the operation, as a kidney or liver donor, you will be unable to work for a while. Read how to ensure that your salary continues to be paid.
Maintenance of salary as an employee
Do you work as an employee or through a temporary employment agency? Then you are entitled to continued payment of your wages. Your employer can apply for a sickness benefit (Ziektewetuitkering) for this from the UWV. You will receive this benefit for a maximum of 2 years.
Do you have to go to the hospital for a few days for examinations? Then the employer can also apply for a sickness benefit for those days. To get this benefit, the employer must report you sick to the UWV. This must be done within 6 weeks of the first day of sickness. It is important that you inform the employer about the donation on time.
You are entitled to a Sickness Benefit if you cannot work in the following situations:
- For preliminary examinations that take longer than half a day.
- If working is not permitted.
- During hospital admission.
- During the recovery period after the organ donation.
More information about applying for a sickness benefit can be foundhere.
How much of your salary is paid if you cannot work?
During the period that you cannot work, the employer will continue to pay your normal salary.
The employer must also continue to pay extras, such as bonuses, more or less fixed overtime allowances, and commissions. The employer does not have to do this if the employment conditions regulations or the employment contract state that this is not required.
Do you have an irregular employment contract (on-call contract)?
Then the employer must continue to pay the average number of hours you worked in the 13 weeks prior to the sick report.
Are you a temporary worker?
For temporary workers, continued payment of salary applies according to theregulation on overheid.nl.
What if you still receive less income?
It is possible that the sickness benefit is lower than the salary you earn. This is because the UWV uses a maximum daily wage, which is sometimes lower than the actual daily wage.
Does the employer not pay the difference?
Then you can sometimes apply for compensation for the lost income via the living donation expense reimbursement scheme.
- This compensation amounts to a maximum of € 3,315 per week.
- To do this, contact the NTS by phone: 071 57 95 777.
What if you receive a state pension (AOW) in addition to your salary?
An employer can also apply for a sickness benefit from the UWV for an employee who receives a state pension (AOW). You can find out how this workshere.
The benefit from the UWV is for a maximum of six weeks. Through the Living Donation Expense Reimbursement, this can be supplemented up to a maximum of 13 weeks for a kidney donor and up to a maximum of 26 weeks for a liver donor after discharge from the hospital.
Retention of salary for entrepreneurs
As an entrepreneur, you may miss out on income if you are unable to work for a while after the donor surgery. This applies to both self-employed professionals (ZZP'ers) and majority shareholders (DGA's). Sometimes you can receive a benefit for that period:
- UWV benefit: if you are voluntarily insured for the sickness act with the UWV.
- Benefit from an insurer: if you have taken out disability insurance.
Living donation expense reimbursement
Are you not insured with the UWV and do you also not have disability insurance? Or is the benefit lower than the lost income? Then you can apply for compensation via the Living Donation Expense Reimbursement scheme.
Please note: You must submit this application within 1 year of being discharged from the hospital.
Do you work unpaid in your partner's business?
Are you not an entrepreneur yourself, but do you work unpaid in your life partner's business? Then your business will lack a worker during the time you cannot work. Does the company need to temporarily hire a temp worker for this? Then compensation is possible via the scheme Living donation expense reimbursement .
What is the compensation for entrepreneurs based on?
The compensation is based on your average weekly income in the year prior to the donation. Do you also receive a benefit from disability insurance? Then that benefit will be deducted from the compensation and you will receive the difference.
Conditions for this compensation
As a self-employed entrepreneur, you can apply for loss of income compensation immediately after donation. The following applies:
- You will receive compensation for every missed workday during the preliminary examinations, the hospital admission, and the 6-week recovery period after discharge from the hospital.
- Does the recovery take longer than the expected 6 weeks? Then you can apply for additional compensation for the remaining recovery period.
- For a kidney donation: a maximum of 13 weeks after discharge from the hospital.
- For a liver donation: a maximum of 26 weeks after discharge from the hospital.
- You can apply for the compensation up to a maximum of 1 year after discharge from the hospital.
- The amount of your compensation depends on the number of days you were unable to work due to the donation.
- The NTS applies a minimum daily wage based on the minimum hourly wage established by the UWV.
- There is a maximum weekly compensation of € 3,315.
- After your recovery, you send a statement from your (treating) physician to the NTS stating your recovery date.
More about applying at the NTS: Living Donation Expense Allowance
Example calculation
Want to know approximately what you are entitled to? Below you will find a test calculation.
Compensation = (annual profit ÷ 225) × number of unworked working days
- Annual profit: € 45,000.
- Standard compensation: 30 working days (6 weeks).
- Daily allowance = € 45,000 ÷ 225 = € 200.
- Total standard compensation = € 200 × 30 = € 6,000.
If your recovery takes longer:
- For kidney donation: a maximum of 13 weeks (= 65 working days) = € 13,000.
- For liver donation: a maximum of 26 weeks (= 130 working days) = € 26,000.
Please note: this test calculation is an indication. No rights can be derived from this calculation. When applying, you must provide supporting documents for the profit from business as stated by the Tax and Customs Administration.
How does the NTS calculate the profit from business for independent contractors (zzp'ers)?
To calculate the compensation for independent contractors, the NTS looks at the 'profit from business' in the year prior to the donation. This amount is stated on that year's tax return. You must include this tax return with the application form.
Did you have less profit than normal in the year prior to the donation? Then the NTS can also base the calculation on the average profit in the 5 years prior to the donation. In that case, you must include the tax returns for those 5 years with the application.
Does it turn out afterwards that you had more profit in the donation year than in the year prior to the donation? Then you can request a recalculation. This is possible up to 2 years after the donation. You must send in the tax return for the donation year to do so.
How does the NTS calculate the compensation for major shareholders (dga's)?
To calculate the compensation for managing directors/major shareholders (dga's), the NTS looks at the dga's gross monthly salary. Therefore, you must include a payslip from the month prior to the donation. You can also include proof, such as a statement from the accountant, showing that your company made less profit due to the donation.
Do you have to pay tax on the compensation?
Yes, the Tax and Customs Administration considers the compensation as income. You must therefore declare the compensation in your tax return.
What if you made little profit in the years prior to the donation?
Is the business profit lower than the minimum gross wage? Then you will receive a daily allowance equal to the minimum gross wage. The NTS bases this on the average number of days you work per week.
Apply?
You can do this via the Living Donation Expense Allowance
Need help with allowances?
The social worker or coordinator at the hospital is happy to explain and help you apply for compensation. Do you have a question about the NTS compensation?
Available on working days from 9:00 AM to 5:00 PM