Practice areas: Employment Law
An employee calling in sick — it happens to every employer. But do you, as an employer, know exactly what will be expected of you over the coming two years? The reintegration obligation is one of the most error-prone areas of employment law. Unfamiliarity with the rules can lead to a wage sanction from the UWV. This means a third year of continued salary payments. In this blog, we outline the most important obligations and offer practical tips to help you avoid common mistakes.
When an employee falls ill, you as the employer are obliged to continue paying their salary for a maximum of two years. During the first year of illness, you must pay at least 70% of the salary, but no less than the statutory minimum wage. In the second year, the same 70% minimum applies, but you are no longer required to guarantee the minimum wage if 70% falls below that threshold. In addition, a cap applies of 70% of the maximum daily wage under the Work and Income (Funding) Act — in practice, this amounts to a maximum of approximately €4,028.08 gross per month.
Many collective labour agreements and employment contracts provide for a higher supplementary continued pay obligation — for example, 100% salary continuation during the first six months. Always check this!
Many employers assume that reintegration only truly begins when the occupational physician draws up the problem analysis. In reality, the clock starts ticking on the very first day of sick leave. As soon as an employee reports sick, it is important to notify the occupational health service and any private insurer without delay. The employee is required to provide a phone number, a treatment address, the expected duration of the absence, and information about any ongoing work. The employee must also indicate whether the illness resulted from a workplace accident or an incident involving a third party who may be liable. This may give you, as the employer, a right of recourse.
In the first few weeks, it is not unusual to have the employee examined by the occupational physician. This gives you early insight into the employee’s capacity and the available reintegration options.
The reintegration process follows a strict statutory timeline. Missing these milestones carries a significant risk of a wage sanction. The key moments are as follows:
A sick employee who refuses to cooperate with reintegration does not have to be left unchallenged. There are specific rules that allow you, as the employer, to suspend or even discontinue salary payments if the employee fails to meet their reintegration obligations. This is a tool that must be used carefully — a misstep can quickly lead to a wage claim — but it is important to know that you are not without recourse as an employer.
Finally, a frequently asked question: can you dismiss a sick employee? The answer is almost always no during the first two years of illness. Termination of an employment contract — whether for an indefinite or fixed term — is in principle not possible during this period. Dismissal on other grounds, such as underperformance, is also extremely difficult to achieve in practice. What about termination by mutual consent? A sick employee will rarely agree to this, because doing so means forfeiting both the right to continued salary and any entitlement to a Sickness Benefits Act (ZW) payment. On top of that, an employee who is still ill is in principle not entitled to unemployment benefit (WW) either. One of the conditions for a WW benefit is that the employee must be available to the labour market, and an employee who is unable to work due to illness will generally not meet that requirement.
After two years of illness, dismissal through the UWV is in principle possible, but only if it is established that the employee will not be able to return to their own role or another suitable position within 26 weeks. In that case, the employee is entitled to the statutory transition payment.
In Closing
Reintegration is a lengthy and intensive process that requires consistent attention, thorough documentation, and timely action. Employers who know the rules and keep their files in order avoid unwelcome surprises from the UWV, while also giving their employee a fair chance at recovery. Do you have questions about reintegration obligations in a specific situation — from the first day of sick leave through to a potential dismissal procedure? Please do not hesitate to get in touch. We are happy to help you take the right steps.
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