When can the employee or employer request this?

Reintegration is a crucial process that often confronts employers and employees with complex questions about rights, duties, and procedures. When an employee is on long-term sick leave, situations arise where both employer and employee wonder when and how a reintegration trajectory can be requested.

The legislation surrounding reintegration has specific moments and conditions that determine when which party can take action. This article answers the most important questions about requesting reintegration and clarifies the rights and duties of both parties in this process.

What is reintegration and why is it important?

Reintegration is the process whereby a sick employee gradually returns to suitable work, either with their own employer or elsewhere. The goal is to restore work capacity and achieve sustainable work resumption within the legal period of 104 weeks of sick leave.

Reintegration is important because it preserves human capital and gives employees a second chance at a meaningful career. For employers, it means retaining experienced staff and preventing costly wage sanctions. The Gatekeeper Improvement Act requires employers to make active reintegration efforts to prevent entry into the WIA.

The process has two main tracks: track 1 focuses on return to the current employer, while track 2 is aimed at work resumption with another employer. Both tracks can run in parallel and are focused on finding the shortest route to sustainable suitable work, not necessarily the ideal job.

When can an employer request reintegration?

An employer can request reintegration as soon as it becomes clear that an employee cannot fully return to their original position within the foreseeable future. This moment is determined by the occupational physician and the work expert, usually between week 6 and week 52 of sick leave.

The employer even has a duty to start reintegration in a timely manner. Specific moments are:

  • Around week 42: sick leave notification to the UWV
  • Week 46-52: first-year evaluation, assessing whether track 2 is necessary
  • By week 88 at the latest: if the employee cannot work for 65 percent of their wage value after 15 months

For track 2 reintegration, no minimum percentage of work capacity applies. It concerns usable possibilities that are determined by the occupational physician. The employer remains ultimately responsible for the reintegration process during the first two years of illness and must demonstrate efforts to prevent later wage sanctions.

What rights does an employee have during reintegration?

An employee has the right to guidance toward suitable work that matches their work capacity and experience. This includes professional support, training where necessary, and a realistic search profile that takes into account limitations and possibilities.

The main rights of employees during reintegration are:

  1. Right to continued wage payment during 104 weeks of illness
  2. Right to appropriate guidance by qualified professionals
  3. Right to a personal profile that emphasizes possibilities, not just limitations
  4. Right to a realistic and labor market-defensible search profile
  5. Right to ongoing reporting without medical information

Employees also have their own documentation duty, especially regarding job applications and labor market activities. This documentation later forms part of the reintegration report for the WIA application. It is important that employees actively participate in the process, as passivity reduces the chances of successful placement.

What is the difference between track 1 and track 2 reintegration?

Track 1 reintegration focuses on return to the current employer through job modification or redeployment within the organization. Track 2, on the other hand, focuses on suitable work outside the current employer when internal solutions are not feasible.

The main differences between both tracks:

Track 1 characteristics

Track 1 keeps the existing employment relationship intact and looks for adjustments within the organization. This can mean: job modification, reduction of working hours, an adapted workplace, or redeployment to another department. The focus is on preserving human capital within the organization.

Track 2 characteristics

Track 2 starts while the employment relationship still exists and is not a result of termination. It is a reintegration obligation during continued wage payment during illness. Track 2 reintegration is deployed at small companies without alternative positions or with complex limitations that make internal adjustments impossible.

Both tracks can run in parallel and complement each other. Track 2 runs in principle as long as the employment relationship exists and reintegration efforts are needed within the 104 weeks of sick leave.

How do you start a reintegration trajectory?

A reintegration trajectory starts with advice from the work expert, after which the actual guidance must begin within 6 weeks at the latest. The employer chooses the reintegration company, where the connection between employee and counselor is crucial for success.

The trajectory consists of three fixed phases:

Phase 1: Orientation and preparation

This phase includes an intake and introduction, creating a personal profile, establishing a trajectory plan, and a start report. The quality of phase 1 largely determines the success of the entire trajectory.

Phase 2: Active labor market approach

In this phase, the search profile is determined, targeted job applications are made, possible additional training takes place, and ongoing reporting is maintained. This phase requires active involvement from all parties.

Phase 3: Completion

The final phase results in placement or in determining that this is not feasible, followed by a final report and, if necessary, preparation of the WIA application.

Essential documents for a verifiable trajectory are: a work expert report, a personal profile, a search profile, a trajectory plan, ongoing progress reports, and a final report. Without these documents, the risk of rejection by the UWV is high.

What happens if reintegration doesn’t succeed?

If reintegration does not lead to placement, a WIA application is submitted between week 88 and 93. The UWV then assesses retrospectively whether sufficient reintegration efforts were made and can impose a wage sanction of up to 52 weeks of additional wage payment if efforts were insufficient.

The final report must demonstrate that all realistic options have been utilized and that efforts have been serious and consistent. A trajectory without placement can still be sufficient for the UWV, provided the documentation is complete and convincing. A missing or weak final report significantly increases the sanction risk.

With WIA allocation, different regulations apply:

  • WGA (partially work disabled): employers can remain financially responsible for up to 10 years
  • IVA (fully and permanently work disabled): no charge-through for the employer
  • Right to WIA with 35 percent or more wage loss

Work resumption always reduces costs for the employer, regardless of when this happens. Therefore, commitment to reintegration remains worthwhile even after a failed first trajectory.

How UFIND helps with reintegration requests

We offer specialized support with complex reintegration issues and help employers navigate within the legal framework of track 2 trajectories. Our approach combines legal expertise with practical guidance, allowing organizations to maintain control over their absenteeism files.

Our services include:

  • Customized programs tailored to individual situations
  • Compact, intensive trajectories that maintain energy and momentum
  • ACT methodology for converting limiting thoughts into positive action
  • Dedicated coaching, where one specialist guides the entire trajectory
  • Complete documentation that meets UWV requirements

With more than 15 years of experience in complex reintegration situations, we help organizations and employees achieve a successful return to the labor market. Contact us for a non-committal conversation about your specific reintegration issue.

Related Articles