As soon as an employee reports being unfit for work, the employer's two-year obligation to continue paying wages starts. The capacity of the employee is then periodically assessed by the company doctor. Around one year of absenteeism, the company doctor often advises to have a Occupational health assessment performed to check the possibilities of the employee. But what if there are no employable or marginal possibilities?

Occupational health assessment

A Occupational health assessment aims to investigate what possibilities the employee has to work despite his or her limitations. The Occupational Assessor takes into account the limitations defined by the (company) doctor in a functional capabilities list (FML) or employability profile (IZP). The Occupational Assessor examines whether the own work is suitable, can be adapted and whether other suitable work is available at the own employer. The Occupational Assessor also advises the employer whether it is necessary to start a second track, aimed at other work with another employer.

No exploitable opportunities

In some cases the (company) doctor indicates that the employee has no usable possibilities, but what does this really mean? No employable possibilities simply means that the employee has no possibilities at all to perform work. Only in this situation may the company doctor refrain from drawing up an FML/IZP and from advising to have an Occupational health assessment performed. The company doctor may only conclude that there are no employable possibilities on medical grounds in the following cases:

• The employee is admitted to a hospital or licensed health care facility;
• The employee is bedridden (most of the day and for long periods of time);
• The employee is dependent on others in their general daily living activities (ADL-dependent);
• The client is dysfunctional personally and socially due to a severe mental illness;
• The employee has highly variable ability/loss of ability within 3 months to a year.

Applying for WIA benefits early

If the company doctor concludes that the employee has no useful possibilities and recovery has been ruled out, this is a situation of no permanent useful possibilities (GDBM). The employee may then, in consultation with the company doctor, apply for early WIA benefit between the 3rd and 68th week of absence. If the application is approved, the employer and employee are no longer subject to reintegration obligations. Even though the employer's obligation to continue paying wages continues for the full 104-week period, the employer can deduct the IVA benefit from the obligation to continue paying wages. The advantage for the employee is that he no longer has a reintegration obligation and in the future the employee is assured of a disability benefit of 75%, instead of 70% of his original salary.

Marginal opportunities

But what if the employee has very severe limitations, but does not meet the strict conditions of no employable capacity? In that case there is a question of marginal possibilities. The (company) doctor then records the taxability of the employee in an FML/IZP and advises the employer to have a Occupational health assessment performed to investigate how these marginal possibilities can still be utilized.

Lasting marginal opportunities

If there are permanent marginal possibilities, the focus of a Occupational health assessment is mainly on the possibilities with one's own employer, because there may be opportunities for adjustment in tasks, hours and workload there sooner than with another employer. When applying for WIA, the UWV will assess the employer's efforts to offer suitable work to the employee within his own company. It is therefore important that the employer can properly substantiate why it has or has not been successful in reintegrating the employee into structurally suitable work. A Occupational Assessor is pre-eminently the person to investigate this thoroughly for the employer and then substantiate this in a Occupational Assessor report. In addition, in certain specific situations it is also possible that the Occupational Assessor is of the opinion that the employee, despite the absence of GDBM, could still submit an early WIA application. The Occupational Assessor then consults this with the (company) doctor, the employer and the employee.

Temporary marginal opportunities

It is also possible that the (company) doctor sees that there are temporary marginal possibilities. In that case, there is a good chance that Occupational Assessor , in addition to thoroughly investigating the possibilities with one's own employer, will also advise a 2nd track trajectory. In order to give the employer careful and sound advice on this, the Occupational Assessor consults with the (company) doctor about the taxability of the employee, asks additional questions if necessary and records this in the Occupational Assessor report. In the advice, the Occupational Assessor also takes into account the UWV's guidelines and recent case law in this area.

More than marginal opportunities

Then there is the situation where there are more than marginal opportunities. Where exactly the boundary between marginal capabilities and more than marginal capabilities lies is not clear, leaving a gray area in some situations. (Occupational) physicians rarely name marginal or more than marginal capabilities in their feedbacks. As a result, the Occupational Assessor is often faced with a complex issue regarding taxability. During the Occupational Assessor examination, it is up to the Occupational Assessor to get as complete a picture of the situation as possible by entering into a discussion with the employee, the employer and the (company) doctor, in order to ultimately arrive at a careful advice that does justice to the situation. If the consultation with the (company) doctor shows that the employee has more than marginal possibilities, in addition to the reintegration with the own employer (1st track), also a 2nd track trajectory will have to be started, in order not to miss any reintegration opportunities. The UWV guidelines state that with more than marginal possibilities an adequate second track must be started at least once.

Learn more

The Labor Experts at Puls play an important role during the reintegration of an employee. Are you curious about what we can do for your organization and employees? Then take a look at our services, request a quoation or contact us. We would be happy to help you further.