30 Jun What about expert opinion: from reintegration to legal practice
From reintegration to legal practice
In the event of an employee’s long-term illness, employer and employee may disagree about the progress of reintegration. In such cases, an expert opinion from the UWV can offer a solution. This text explains what an expert opinion means, the situations in which it can be requested, the role it plays in procedures, and the possible consequences of its absence.
What is an expert opinion?
An expert opinion from the UWV is an independent opinion of a doctor or expert on the reintegration of a sick employee. Both the employer and the employee can request such an opinion from the UWV. This often happens when there is a difference of opinion about the progress of the employee’s reintegration.
From reintegration to legal practice About the following five situations an expert opinion can be requested:
- Whether the employee can return to full employment without adjustments;
- Whether the work the employee needs or wants to do is appropriate;
- Whether sufficient efforts were made by the employee or the employer to reintegrate;
- Whether the employee is entitled to continued payment of wages as a result of being unable to work;
- About frequent absenteeism of the employee.
The UWV does not issue an expert opinion in all cases. Particularly in situations 1 and 3, an expert opinion is issued only if the employee cooperates in the medical examination.
Although the law requires the UWV to issue an opinion within two weeks of receiving the request, internally the UWV uses a four-week turnaround time. However, it often takes longer.
The expert opinion is non-binding in nature. This means that it cannot be objected to or appealed by the employee or employer.
There is a cost associated with requesting an expert opinion. When the employee requests the opinion, the costs are 100 euros. When the employer requests the opinion, the costs are 400 euros, unless the expert opinion is requested in the context of a dissolution request. In that case, the request is free of charge.
Purpose of the expert opinion
The expert opinion was created to clarify disputes about illness and reintegration at an early stage, with the aim of avoiding unnecessary burden on the judiciary and providing parties with quick and expert advice. The expert opinion is often seen as a vestibule to legal proceedings.
Expert opinion as protection against wage penalty
It is advisable for employers to request an expert opinion on their own reintegration efforts after one year of disability. This provides insight into the quality of the reintegration process and – in the event of a positive assessment – significantly reduces the chance of a wage penalty from the UWV.
Wage sanction
A wage penalty is a measure that the UWV can impose on an employer when it has made insufficient reintegration efforts for a sick employee. The sanction means that the employer is obliged to continue paying the employee’s wages for up to one additional year, on top of the usual period of 104 weeks of wage payment during illness.
It follows from case law that an employer may rely on a positive expert opinion on the reintegration efforts around the end of the first year of illness. In principle, the UWV cannot go back on this at the final assessment after two years, unless the employer has made insufficient efforts in the intervening period. In the event of an initially negative opinion, the expert opinion offers the possibility of timely rectification of shortcomings.
It remains crucial that the employer remains alert to changes in the employee’s situation throughout the reintegration process and anticipates them adequately. In this way, the risk of a wage penalty is limited.
Expert opinion in court proceedings
An expert opinion does not always provide a solution. If it does not resolve the dispute, you can still go to court. In certain procedures, the submission of an expert opinion is mandatory. For example, employers must submit an expert opinion when requesting dissolution due to frequent absenteeism due to illness or failure to comply with reintegration obligations. Employees are obliged to do so in wage claims or claims for fulfillment of reintegration obligations. In the absence of an expert opinion, the request or claim is in principle rejected.
In exceptional cases, the submission of an expert opinion is not required, for example when this cannot reasonably be required of the employee or employer. It follows from case law that this may be the case in summary proceedings, in the absence of time to request an opinion, or when the UWV refuses to consider the application. An expert opinion may also be waived if medical documents already submitted provide sufficient substantiation for the alleged occupational disability.
Conclusion
The UWV expert opinion can be a valuable tool in disputes about illness, reintegration and continued wage payment. Both employers and employees can use it to clarify their rights and obligations.
Be sure to act in a timely manner, properly document your reintegration efforts and remain alert to changes in circumstances. In addition, be prepared for the possibility that legal proceedings may still be necessary, keeping in mind the process requirement of the expert opinion.
Do you have questions or doubts about the importance of an expert opinion? Our employment lawyers are ready to help you.
