When an employee makes a (partial) recovery after reporting sick, the necessary steps must be taken again. Here, too, a small mistake can lead to delays, errors in continued pay, or problems in the re–reintegration process. With this second part on the sick leave process, we help DRIVE‑members to ensure the process runs smoothly éand correctly.
Many employers are unsure exactly who they need to notify when reporting a return to work and what administrative steps must be taken. The Gatekeeper Improvement Act sets out clear requirements, and mandatory steps apply in cases of both full and partial recovery. Failure to comply can have financial consequences, for example, if the UWV is not notified in a timely manner regarding safety net recipients, or if the re-reintegration plan is not updated.
Record the date of recovery (full or partial) in the personnel records.
This date determines whether wages will continue to be paid, re‑reintegration steps éand the obligation to report to the UWV.
Please report your return to work to your occupational health and safety service or company doctor.
They determine whether the employee is actually able to work full-time or part-time.
Talk to the employee: what can he or she do again?
Work together to determine what adjustments may be necessary, such as changes to work hours, physical demands, or job responsibilities.
Please also note whether the employee is covered by a safety net provision under the Sickness Benefits Act. This may be the case, for example, in the event of illness due to pregnancy or childbirth, organ donation, or if the employee has a no-risk policy. In many cases, the employee must report this themselves, or the company physician—with the employee’s consent—may indicate that a safety net situation applies.
If the employee is eligible for benefits under the Sickness Benefits Act —for example, in a safety-net situation such as pregnancy-related illness, organ donation, or a no-risk policy—you must submit a (partial) return-to-work notification to the UWV within 2 days.
If the employee is not receiving benefits under the Sickness Benefits Act and you, as the employer, are continuing to pay their wages, you do not need to submit a recovery notification to the UWV.
If an employee is only able to work part-time, they are formally considered to be partially unable to work. This requires extra attention:
Work with the employee and the occupational health and safety service to resolve the issue‑reintegration plan based on current capacity.
Regarding hours worked: 100% of the actual wage. This also applies to hours worked by the employee in another (suitable) position as part of a return-to-work program.
About nothing‑unworked (still sick) hours:
First 26 weeks: 100% continued pay
Weeks 27 through 78: 85% continued payment
Weeks 79 through 104: 70% continued payment
During continued pay, at least the statutory minimum wage is guaranteed.
Please note: According to the Gas Station Collective Bargaining Agreement , the time you spend on reintegration activities (such as a meeting with the company doctor or a reintegration coach) counts as working time.
Make clear agreements regarding the return-to-work plan and document them to avoid misunderstandings. These agreements are part of the Action Plan. A return-to-work schedule is typically followed based on the occupational physician’s recommendations.
Who decides whether someone has recovered?
The employee reports that they have recovered, but in case of doubt, the company doctor’s advice takes precedence.
In that case, this is considered a single, continuous illness.
The earlier period counts toward the 104-week period of continued wage payments.
During (partial) sick leave, employees continue to accrue vacation days as usual.
An employee reports a return to work (full or partial).
In our line of work, we’ve noticed that business owners often know exactly how to report an employee’s sick leave, but that reporting a return to work receives less attention—even though there are risks involved there as well. By sharing this practical guide, we’re helping DRIVEmembersmembers not only to solve problems, but above all to prevent them.
Do you have questions about the absence policy, return-to-work notifications, or re‑reintegration? Feel free to contact me; I’d be happy to help you figure it out.
Jack de Jong
Account Manager for Retail
06 - 25 56 06 57
+31 (0)10 - 288 45 86
Jack.de.Jong@schoutenzekerheid.nl
www.schoutenzekerheid.nl/zeker-voor-retail/drive