{"id":30655,"date":"2013-04-05T12:39:00","date_gmt":"2013-04-05T12:39:00","guid":{"rendered":"https:\/\/thelegalcompany.nl\/?p=30655"},"modified":"2026-09-02T18:03:00","modified_gmt":"2026-09-02T18:03:00","slug":"the-second-track-in-reintegration","status":"publish","type":"post","link":"https:\/\/thelegalcompany.nl\/en\/the-second-track-in-reintegration\/","title":{"rendered":"The second track in reintegration"},"content":{"rendered":"

A UWV sanction extending the employer’s obligation to continue paying wages during illness arises when the employer does not deploy the second track in time. It is therefore important for employers to know what the second track is and when it must be deployed. It has emerged that the occupational health service can also make mistakes in this regard, and that this is not an excuse for the employer as a defence against that sanction at the UWV.<\/strong><\/span><\/p>\n

Deployment of the second track<\/span><\/h1>\n

The second track should, in principle, be deployed after 1 year at the latest, in the context of the first-year evaluation. This can go together with any reintegration activities still ongoing under the first track. The second track can then only be omitted if there is concrete prospect of resumption within the employee’s own company, i.e. when there is a prospect of (partial) resumption of work in the short term.<\/span><\/p>\n

Wage continuation sanction<\/span><\/h1>\n

There are a number of grounds on which the UWV can extend the obligation to continue paying wages. One possible ground is when the employer has made insufficient reintegration efforts, possibly by deploying the second track too late (or not at all). The UWV assesses the employer’s reintegration effort obligations using the following steps:<\/span><\/p>\n

Step 1:<\/em><\/span><\/p>\n

The resumption should, as far as possible, align with the employee’s remaining earning capacity.<\/span><\/p>\n

Step 2:<\/em><\/span><\/p>\n

It is assessed whether the employer could reasonably have arrived at the reintegration efforts made. The starting point is that if there are work opportunities, the employer must make efforts for reintegration.<\/span><\/p>\n

Step 3:<\/em><\/span><\/p>\n

A complicated and uncertain medical condition, or an incorrect judgment by the company doctor, does not constitute a valid ground for the employer to omit reintegration efforts. An expert opinion from which the employer could reasonably derive confidence that he was doing enough, can, however, constitute a valid ground.<\/span><\/p>\n

The wage sanction can moreover be imposed for not complying, or not fully complying, with the following obligations:<\/span><\/p>\n