New rules speed up reintegration for sick employees in SMEs
From 2026, small and medium-sized employers will get faster clarity on rehiring options if sick employees cannot return within a year. The change aims to reduce financial strain and improve workforce flexibility for SMEs, while offering employees earlier certainty about their future.
| Key Fact | Details |
|---|---|
| Policy Change | Reintegration shifts to another employer after one year of illness. |
| Target Group | Small and medium-sized enterprises (SMEs). |
| Employer Obligations | Two-year wage payment and position availability for sick employees. |
| Employee Consent | Required for second-track reintegration; UWV can grant permission. |
| Minister Responsible | Minister Aartsen (Work and Participation). |
| Next Steps | Legislative proposal sent to House of Representatives for approval. |
| Effective Date | April 2026 (proposed). |
The Ministry of Work and Participation oversees labor market policies, including reintegration programs for sick employees. Its role is to balance employer obligations with employee rights, ensuring fair and feasible workplace regulations, particularly for SMEs.
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Faster clarity for employers regarding reintegration of sick employees
If sick employees cannot return to work within a year, from the start of the second year of illness, a position can only be sought at another company. This is intended to give small and medium-sized employers faster clarity on whether they can replace a sick employee. Minister Aartsen of Work and Participation has sent the legislative proposal on this matter to the House of Representatives.
Long-term illness or disability has a major impact. Initially, of course, on the employee. But employers also face problems when an employee is unable to work for an extended period. For at least two years, the employer is obligated to reintegrate the sick employee and partially continue paying their wages. The employer must also keep the employee’s position available, meaning they can only arrange temporary replacement. This makes small businesses particularly less agile and poses a barrier for many SME employers when offering employees permanent contracts.
Other employer
In the labor market package, the cabinet and social partners have therefore agreed to focus reintegration in the second year of illness in the SME sector as much as possible on the so-called second track. This means the employee takes up a position with another employer, with no possibility of returning to their original workplace. This can happen with the employee’s consent or with permission from the UWV (Employee Insurance Agency).
Minister Aartsen: “This is good for the employer, as it allows them to know sooner whether they can hire someone new to restore full capacity. For the employee, it also becomes clearer earlier that reintegration is aimed at a job with a new employer.”
More proposals
This is the second step Minister Aartsen is taking to make the period of continued wage payment during illness more manageable for employers. A first legislative proposal was recently sent to the Council of State for advice. This proposal stipulates that the advice of the company doctor will be leading in the UWV’s reintegration assessment after two years of illness. Employers will gain more certainty about their obligations during the period of continued wage payment during illness. The cabinet will develop more proposals in the coming period to make the period of continued wage payment during illness more feasible for employers, particularly for SMEs.