Medical Advice to Dictate Dutch Sick Leave Returns, Easing Employer Burdens
The Hague, Friday 27 March 2026
A new Dutch legislative proposal makes medical advice the definitive factor in sick leave reintegration, crucially shielding businesses from unexpected wage penalties after two years of employee illness.
Eliminating Employer Uncertainty and Wage Sanctions
On Friday, 27 March 2026, the Dutch Minister of Work and Participation, Thierry Aartsen, alongside the Minister of Social Affairs and Employment, Hans Vijlbrief, submitted a pivotal legislative proposal to the Council of State [1][2][3]. The core of this legislation fundamentally alters the re-integration report test (RIV-toets) conducted by the Employee Insurance Agency (UWV) [1][2]. Under the existing framework, employers are legally obligated to continue wage payments for two years when an employee falls ill, whilst actively facilitating their return to the workforce [1][2]. However, a significant vulnerability for businesses—particularly scaling startups managing complex HR compliance—has been the UWV’s ability to retroactively reject the reintegration efforts based on their own insurance physicians’ assessments [3]. If the UWV deems the efforts insufficient, employers can be penalised with a wage sanction, forcing them to pay a third year of salaries, bringing the total potential liability to 3 years [3].
Streamlining HR Compliance and Dossier Management
The legislative shift underscores the critical importance of meticulous HR record-keeping, a requirement that has accelerated the digitalisation of legacy HR industries and the adoption of scalable Software-as-a-Service (SaaS) platforms [GPT]. Because these platforms handle sensitive employee health data, robust cybersecurity protocols are essential to maintain compliance [GPT]. Furthermore, while the broader digital economy sees Fintech and HR-tech startups deploying artificial intelligence (AI) to predict compliance risks, the Dutch reintegration process remains heavily reliant on specific procedural milestones [GPT]. According to the Gatekeeper Improvement Act (Wet verbetering poortwachter), employers must draft a formal action plan (plan van aanpak) by the eighth week of an employee’s illness, or within two weeks of a problem analysis being completed [5]. This plan must focus strictly on reintegration logistics rather than medical data [5]. When a return to the original employer becomes unfeasible, a ‘second track’ (spoor 2) reintegration process must commence [4]. Reintegration specialists warn that treating this merely as a legal checkbox is a substantial pitfall; employers must build a comprehensive, ‘UWV-proof’ dossier detailing every conversation and step taken [4]. Failure to maintain this documentation can still expose the employer to a maximum wage sanction of one year [4].
Financial Relief for Employees Awaiting Assessments
Beyond employer protections, the 27 March 2026 proposal introduces crucial financial safeguards for employees navigating the often-delayed Work and Income according to Capacity for Work Act (WIA) assessments [1][2]. Due to substantial backlogs at the UWV, sick employees frequently receive advance payments while awaiting their formal evaluation [1][2]. Previously, individuals faced the daunting prospect of substantial repayments if the final assessment determined they were entitled to a lower benefit, or none at all [1]. The cabinet has now moved to enshrine a temporary relief measure into permanent law, stipulating that these WIA advances will no longer need to be repaid under such circumstances [1][2]. The financial burden of written-off advances will instead be absorbed by the Occupational Disability Fund [1]. Furthermore, the legislation introduces clarifications to the Wajong scheme for young people with disabilities, ensuring that individuals who have worked continuously for five years and earn sufficient income will retain their benefit rights if they transition to sheltered workplaces with wage dispensations or internal job coaches [1][2]. Since 1 January 2026, the UWV has been implementing this Wajong measure at the cabinet’s request [1] [alert! ‘The exact current operational status of the UWV implementation requires further verification as the source flags a deadline check’].
The Crucial Role of Medical Professionals
As the new regulations shift immense decision-making power onto occupational physicians, the uniformity and quality of their medical judgements will face intense scrutiny [3]. The gravity of this responsibility was highlighted just days prior, on 25 March 2026, when the Regional Disciplinary Tribunal for Healthcare in ‘s-Hertogenbosch issued a formal reprimand against an occupational physician [6]. The tribunal partially upheld a complaint from an employee suffering from COPD, noting that the physician had inappropriately advised the commencement of light reintegration duties—consisting of up to 12 hours per week—based solely on a telephone consultation, without requesting updated medical files from the patient’s general practitioner despite reports of worsening symptoms and increased medication [6]. The physician was also found to have ignored the employee’s repeated requests for a second opinion in November 2024, violating the Working Conditions Act (Arbeidsomstandighedenwet) [6]. The decision is slated for wider publication in the Dutch Staatscourant once it becomes irrevocable [6] [alert! ‘The exact publication date remains unconfirmed pending the irrevocability of the ruling’].