New rules simplify sick leave reintegration for Dutch employers and employees
Dutch employers will soon have clearer guidelines on reintegrating sick employees, reducing financial uncertainty. The occupational health physician’s advice will now determine if employers have done enough, while employees awaiting disability benefits won’t face repayment of advance payments.
| Key Data | Details |
|---|---|
| Policy Change | Occupational health physician’s advice becomes decisive in UWV assessments |
| Wage Continuation Period | Employers must support sick employees for up to 2 years |
| WIA Advance Payments | No repayment required if final benefit is denied or reduced |
| Wajong Adjustments | Young disabled workers retain benefits after 5 years of continuous work |
| Ministers Involved | Minister Aartsen (Work and Participation), Minister Vijlbrief (Social Affairs) |
| Effective Date | After advisory review by the Council of State |
The Ministry of Social Affairs and Employment oversees labor policies, including sick leave regulations and disability benefits. This bill aims to streamline reintegration processes and reduce administrative burdens for employers and the UWV, ensuring fairer outcomes for employees.
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Employer’s obligation to reintegrate sick employee to be assessed based on occupational health physician’s advice
The Dutch cabinet aims to reduce uncertainty for employers regarding whether they have done enough to help their sick employees return to work. The advice of the occupational health physician on what an employee is still capable of will therefore become the leading factor in the assessment conducted by the Employee Insurance Agency (UWV) after two years of sickness absence. This is outlined in a bill presented by Minister Aartsen of Work and Participation and Minister Vijlbrief of Social Affairs and Employment to the Council of State. Additionally, the bill will legally stipulate that individuals will no longer have to repay the advance payment they receive while awaiting a Work and Income (WIA) assessment. These measures are intended, among other things, to help reduce the backlog in assessing eligibility for WIA benefits.
Reintegration assessment
When an employee falls ill, the employer is required to continue paying their wages and assist in their return to work for a period of two years. After two years of sickness absence, the employee may be dismissed under certain conditions and can apply for a disability benefit. The reintegration assessment conducted by the UWV evaluates whether the employer and employee have taken sufficient steps to facilitate the employee’s return to work. If this is not the case, the employer may be required to continue paying wages for an additional year at most to compensate for missed reintegration opportunities. Under the new rules, the occupational health physician’s advice will be the decisive factor in this assessment. This will provide employers with greater certainty regarding their obligations related to wage continuation during sickness absence. Employers will know they have fulfilled their obligations if they follow the occupational health physician’s advice. It will also reduce the workload for UWV insurance physicians, allowing them more time to assess benefit applications.
Waiver of advance payments
After two years of sickness absence, an employee can apply for a WIA benefit with the UWV. However, the assessment process often involves long waiting times, leaving individuals uncertain about their income for extended periods. During this time, they may receive an advance payment on their benefit. If the final assessment determines that the individual is not entitled to a WIA benefit or is entitled to a lower amount, the advance payment does not need to be repaid. This temporary measure ensures that individuals are not later faced with significant repayment obligations due to prolonged waiting times. The cabinet has decided to enshrine this policy in law. The financing of WIA advance payments will also change: they will initially be paid from the Disability Insurance Fund, and once eligibility is determined, the costs will be allocated to the appropriate fund. If an advance payment is waived, it will remain a charge on the Disability Insurance Fund.
Young Disabled Persons’ Scheme (Wajong)
The bill also includes limited amendments and clarifications to the Young Disabled Persons’ Scheme (Wajong), the benefit for young people with disabilities. Individuals receiving a Wajong benefit who have worked continuously for five years and earn sufficient income will retain their entitlement to the benefit if they work in a sheltered workplace, with wage subsidies, wage cost allowances, or an internal job coach. The UWV has already implemented this measure at the cabinet’s request since 1 January 2026. Furthermore, the guaranteed amount will no longer apply if the Wajong benefit has been terminated for more than 12 months. The bill is now being submitted to the Council of State for advisory review.