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As an employer, you may receive a wage penalty from the UWV if you have made insufficient efforts to reintegrate a sick employee. If special circumstances hinder reintegration, this does not relieve you of your obligations: you must demonstrably do everything reasonably possible.
Reintegration is a shared duty
The employer and employee are jointly responsible for reintegration under the Gatekeeper Improvement Act. This entails: a problem analysis by the company doctor, an action plan, its implementation, a reintegration file, and ultimately a reintegration report. Every step must be taken in a timely and careful manner.
When is a wage sanction imminent?
After two years of illness, the UWV assesses whether you have made sufficient reintegration efforts. If the UWV finds that you have fallen short, it can extend the obligation to continue paying wages by up to one year: the wage sanction. This can be very costly.
Exceptional circumstances do not dismiss you
If exceptional circumstances make reintegration more difficult — for example, because suitable work is temporarily unavailable — you remain obliged to make an effort. You must demonstrate that, despite the circumstances, you have utilized all reasonable options, such as adapted or alternative work and the second track. Doing nothing and referring to the circumstances is no excuse.
Avoid a wage penalty
Keep the file complete and up-to-date, follow the advice of the company doctor, investigate redeployment and the second track in a timely manner, and document all your efforts. If you doubt whether you are doing enough, request an expert opinion from the UWV.
Frequently Asked Questions
What is a wage sanction?
An extension of your obligation to continue paying wages for a maximum of one year, imposed by the UWV if you did not make sufficient reintegration efforts.
Do my obligations lapse in exceptional circumstances?
No. You must demonstrate that, despite the circumstances, you have utilized all reasonable reintegration opportunities.
How do I avoid a wage penalty?
With a complete file, follow-up by the company doctor, timely redeployment or second-track reintegration, and, if necessary, an expert opinion.
Tackle reintegration and absenteeism effectively?
Our legal experts advise on the Gatekeeper Improvement Act and your case file, and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
