Sick employee

Continued pay and the Gatekeeper Improvement Act

The Gatekeeper Improvement Act (Wet verbetering poortwachter) requires the employer and the employee to actively work on reintegration. This includes notifying the UWV, a problem analysis within eight weeks, an action plan and regular meetings with the company doctor. Shortcomings can extend the duty to continue paying wages.

Where does it often go wrong?

• Reintegration efforts that are too late or superficial.

• The employer communicates as if dismissal is a given while the two-year period has not yet passed.

• The employee fails to report in, or the employer records sick-leave notifications carelessly.

• The works council not involved in a reorganisation while sick employees are affected.

• A settlement agreement signed during illness without checking unemployment benefit and the reflection period.

What can you do now?

Employers: check the company doctor's file, plans and meeting invitations. Employees: keep your own record, respond to invitations and ask for suitable work.

Facing dismissal after two years: have the UWV route and the file reviewed before you agree or object.

When should you involve Sørensen?

In cases of long-term sick leave, conflict with the company doctor or a manager, looming dismissal due to incapacity for work, or a reorganisation where sick employees are part of the selection.

We guide both employers and employees, including in expert opinions and UWV proceedings.

Reintegration in practice

First-track and second-track reintegration, external support, adjustments to the work: the law requires genuine efforts. We assess whether those efforts have been sufficiently documented.

Dismissal after two years of illness

After 104 weeks, dismissal for long-term incapacity for work is possible, with UWV permission. The file needs to be in order. We prepare applications or defend employees against premature steps.

Illness and settlement agreements

Sometimes a party wants to part ways during illness through a settlement agreement. That is possible, but unemployment benefit and sickness benefit require extra attention. We check whether the timing and wording are correct.

Frequent short-term absence and prevention

With frequent short-term absence, different tools come into play: conversations, adjustments, sometimes sanctions within CAO limits. We help choose an approach that holds up.

Privacy and communication with the manager

The company doctor shares limited information with the employer. We advise on the limits of what can be asked and on documenting reintegration conversations.

Conflict and mediation

Long-term sick leave sometimes heightens tension. Mediation can help before the parties only talk through lawyers.

The role of HR and the manager

HR often coordinates sick leave; the manager holds the conversations. That division of roles needs to be clear in procedures. We help employers with short instructions for managers so they don't breach privacy while still documenting reintegration.

WGA and pay during illness

After the employer's period ends, WGA (partial disability) benefits or other arrangements can come into play. We explain what is relevant to your situation and how dismissal or a settlement agreement fits with it.

The company doctor and second-track reintegration

Second-track reintegration (with a different employer) requires concrete steps and record-keeping. Employers who let the process slide administratively risk an extended duty to continue paying wages. We assess whether invitations, reports and plans meet what the UWV and the courts expect.

After two years: final checks

Before a dismissal application for long-term incapacity for work, we check whether all gatekeeper steps have been completed and whether the job content is accurate. We show employees what defences are available and what deadlines apply.