Less uncertainty for employers dealing with long-term sickness in the Netherlands
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Less uncertainty for employers dealing with long-term sickness in the Netherlands? Possible easing of obligations
If you have ever had to deal with a complex absence situation, you will recognise the questions and doubts that often come with it: am I on the right track, and how will my efforts as an employer ultimately be assessed? The proposed legislative changes below are certainly not final yet, but they are intended to give employers more clarity and reduce uncertainty in these processes. Of course, we will keep you informed of further developments.
Heavy obligations for employers in the Netherlands when employees are off sick
In the Netherlands, employers are responsible for continued payment of wages and reintegration for up to two years (and in some cases even three years) when an employee is off sick. This comes with extensive administrative obligations and an assessment by the competent authority: the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen (UWV)).
The government acknowledges that these obligations can be disproportionate, especially for smaller companies. Shortening the period of continued wage payment has been considered, but for now the statutory obligation of two years (and in some cases three, as said earlier) still applies. With the announced legislative changes, the government aims to create more predictability and to give employers clarity earlier on their obligations in long-term sickness cases.
01 | The company doctor’s advice on what someone can still do may become leading
The first announced change focuses on the reintegration assessment after two years of sickness. Employers are often unsure: have I done “enough” on reintegration to genuinely explore all possibilities? If the UWV concludes that the efforts were insufficient, the employer’s obligation to continue paying wages can be extended, so the consequences can be significant.
The government wants to reduce this uncertainty by making the company doctor’s advice leading in the UWV’s assessment. In practical terms, this means:
- The company doctor’s opinion on what the employee can still do will have a central role
- Less risk of wage sanctions later on if the employer follows this advice
- More legal certainty in the WIA assessment after two years of sickness (the Work and Income (Capacity for Work) Act (Wet werk en inkomen naar arbeidsvermogen (WIA)) is the Dutch benefit employees may apply for after long-term sickness)
Read the full news item on the Dutch government’s website (in Dutch): Advies bedrijfsarts wordt leidend bij re-integratietoets zieke werknemer | Nieuwsbericht | Rijksoverheid.nl
02 | Earlier clarity about replacing a long-term sick employee?
The second announced change mainly affects employers who face prolonged staffing uncertainty. If, after one year of sickness, an employee cannot return to their own role, then from the second year of sickness the focus may be placed exclusively on reintegration with another employer (in occupational health practice this is referred to as the “second track” (tweede spoor).
How workable this easing will be in practice remains to be seen, as it will in any event only be possible with the explicit consent of the employee or the UWV.
The aim of this measure:
- Earlier clarity for employers
- More scope to arrange structural replacement
- Less prolonged uncertainty about workforce
This could be a significant relief particularly for smaller organisations, because long-term absence is often felt immediately on the work floor.
Read the full news item on the Dutch government’s website (in Dutch): Advies bedrijfsarts wordt leidend bij re-integratietoets zieke werknemer | Nieuwsbericht | Rijksoverheid.nl
What does this mean for foreign employers with staff in the Netherlands?
We understand that, especially for foreign employers with staff in the Netherlands, complying with the Dutch rules on sick leave and reintegration can be complex. That is why our sick leave case management is specifically designed for employers who do not have an in-house absence specialist, so you can be confident that nothing is overlooked. We support many foreign employers with staff in the Netherlands in meeting their obligations, taking into account the differences between what you may be used to in your home country and what is expected of you in the Netherlands.
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