Incapacity for work and reintegration

Your obligations as an employer in case of illness

When an employee becomes unable to work, you as an employer are confronted with an extensive legal framework. You are obliged to continue paying wages for up to 104 weeks and to actively cooperate in the employee's reintegration. How you handle this is crucial for both the employee's recovery and the prevention of sanctions.

The role of the company doctor

The reintegration always starts with the company doctor. Only the company doctor is allowed to assess whether an employee is unable to work. In case of doubts regarding a sick report, it is essential that you quickly consult with the company doctor. The doctor also advises on reintegration possibilities, such as adjusted duties or part-time resumption of work.

Rules and obligations during reintegration

It is advisable to clearly describe what you expect from the employee during the reintegration process in a sickness absence protocol. Consider:

• Availability for appointments;
• Active engagement in returning to work;
• Cooperation with the action plan.

If the employee does not follow the reintegration agreements, you may take measures such as wage suspension, wage stop, or in serious cases, termination. We advise you on the correct course of action.

Conflict and illness: a complex combination

Disability is sometimes accompanied by a labor conflict. For example, if the conflict is the cause of the sick report, or vice versa. Such situations require careful guidance. We support employers with:

• Conflict management in combination with sickness absence;
• Advice on mediation through the company doctor;
• Legal assessment of rights and obligations during conflict-related absence.

Avoid a wage sanction from the UWV

After 104 weeks, the UWV assesses whether the employee is entitled to a WIA benefit. The UWV critically reviews whether you as an employer have done enough for reintegration. If not, a wage sanction may be imposed. We advise you on how to avoid such a sanction, or (if necessary) on objection and reduction of it.

Want to ensure that you are acting correctly regarding disability and reintegration? Then contact our specialists for practical and legally supported advice.