2nd track and the UWV: the contact moments

Under the Dutch Eligibility for Permanent Invalidity Benefit (Restrictions) Act (Wet Verbetering Poortwachter), there are a number of obligations to which the employer and employee must comply during an employee's two-year period of absence. The premise here is that timely and effective actions will shorten the absenteeism.

Back to work

Being in absenteeism is not pleasant for anyone. Not for the employee, but not for the employer either. It becomes even more unpleasant when an employee, due to absenteeism, is out of circulation for a long period of time or even becomes unfit for work. The Wet Verbetering Poortwachter deals with long-term sick leave. This law requires that employer and employee, together with an occupational health and safety service or certified company doctor, make an effort to get the employee back to work as soon as possible.

Does the employee not succeed in returning to his former position, or is this still doubtful? Then the employer, must offer the employee other suitable work. There are two options here:

• 1st track: suitable work within the company, for example by having the employee work part-time, in a different position or with a modified set of duties.
• 2nd track: explore reintegration opportunities outside the company and actively seek other suitable work.

The reintegration obligation is valid until the employee can perform his job fully again, or until 104 weeks of absence. The employer is ultimately responsible for initiating proper reintegration and the employee is obliged to cooperate.

Expert opinion during reintegration process

Both employee and employer have the possibility to request an expert opinion from the UWV. This is possible, for example, if it is felt that more, less or different reintegration efforts should be made. An expert opinion is an opinion from the UWV at the request of the employer or employee to promote (threatened) stalled reintegration. An expert opinion can be requested on the following subjects:

• suitability for one's own work;
• appropriateness of other or adapted work;
• reintegration efforts by the employer or employee.

WIA assessment

The UWV assesses at the end of the second year of illness whether the employee is entitled to WIA benefits. The assessment (examination) consists of two parts. First there is an interview with an insurance doctor, then with a Occupational Assessor.

Insurance doctor visit

The insurance physician examines the health, complaints and what the employee could still do in terms of work. He uses a so-called "functional capabilities list" for this purpose. On this list there are several components on which the employee is assessed, namely:

• personal functioning;
• social functioning;
• adaptation to physical environmental demands (the workplace) and dynamic action (movement);
• static postures (sitting and standing);
• working hours

For each section, the doctor indicates what the employee is able to do compared to a "healthy" person. The insurance physician also assesses the chances of recovery. Does the doctor find that the employee still has possibilities to work? Then the employee gets an interview with a Occupational Assessor. This happens with most people. Sometimes the employee first has an interview with a second UWV doctor.

Visiting the Occupational Assessor

The Occupational Assessor looks at what jobs the employee could still do and takes into account the limitations passed on by the doctor. To do so, he uses a computer system that lists more than 7,500 jobs. The Occupational Assessor also looks for jobs with the highest possible pay and ultimately picks out the three most appropriate to the taxability with the highest pay. He then puts these jobs in the "employment opportunities list.

The Occupational Assessor uses the middle wage, of these three jobs, to calculate what the disability rate will be.

Sample disability percentage calculation:

Janneke works as a nurse in an old people's home. Due to back and mental health problems, she can no longer do that work. The Occupational Assessor finds 3 jobs that Janneke can still do now. The middle job is receptionist. As a receptionist, she is not allowed to work more than 20 hours a week. Janneke used to earn 1300 euros per month. Now, according to the computer system, she can still earn 700 euros. Her disability percentage then becomes:

€ 1300 - € 700
--------- x 100% = 46% incapacitated for work
€ 1300

The higher the salary of the positions the employee can still perform, the lower the disability percentage. This percentage is important in determining whether an employee is entitled to benefits.

The results of the assessment

After assessing the employee's disability, there are four possible decisions:

• Totally and permanently disabled:
  The employee is 80-100% incapacitated for work and there is only a small chance of recovery. The employee receives an IVA benefit.
• Fully but not permanently disabled:
  The employee is 80-100% incapacitated for work, but the UWV thinks the health problems will not be permanent. There is a chance of recovery. The employee receives WGA benefits.
• Between 35% and 80% incapacity for work:
  The employee is more than 35% incapacitated for work, but not completely and permanently. In this case, too, the employee will receive WGA benefits.
• Less than 35% disability:
  According to the UWV, the employee is less than 35% incapacitated for work. He or she is then not entitled to disability benefits. The employee is eligible for unemployment benefits.

Dismissal after 2 years of absenteeism

An employer may not simply fire an employee when he or she is in absenteeism. When an employee has been in absenteeism for more than 2 years, the employer may fire him or her. Employer, employee and the UWV must then agree on the following three issues:

• The employee can no longer do the work for which he or she was once hired.
• The employer and employee tried enough to make sure the employee could return to work, but they failed.
• Even in other or modified work, the employee fails to return to the company quickly. Not even after he or she has done a course or training.

If the employment contract is terminated by mutual agreement, a termination permit is not required. However, the employee will then be entitled to WIA benefits. Is the employee less than 35% unfit for work? Then he or she will not receive WIA benefit but an unemployment benefit.

Contact about reintegration possibilities of an employee

Would you like to know more about the reintegration possibilities of an employee during absenteeism and the contact moments with the UWV? Please contact Puls. We will look for the right match between employee and work. Puls also works closely with Resolu for the completion of long-term absence files.