Due to the COVID-19 pandemic, the Dutch Insurance Agency (UWV) has drawn up an addendum to its Incapacity Benefit ‘Work Pointer’ (known in Dutch as Werkwijzer Poortwachter). In this addendum, the UWV provides insight into the role of the corona measures in assessing the reintegration of an employee.
After an employee has been ill for two years, the UWV assesses whether the parties have made sufficient reintegration efforts. If these efforts are insufficient and the employer has no sound reason for not complying with his obligations, the UWV may extend the period during which the employer is obliged to continue to pay the employee’s salary. In that case, the obligation to continue to pay wages in case of illness will be extended by up to 52 weeks (the so-called wage sanction).
The UWV uses its Incapacity Benefit Work Pointer (Werkwijzer Poortwachter) to assess the reintegration efforts. Due to the COVID-19 pandemic, the UWV has drawn up an addendum in addition which provides insight in the role of the corona measures in assessing the reintegration of an employee.
RIV: does the report meet the requirements set?
When drawing up the reintegration report (RIV), it is important that any change in the employee’s work capacity due to the coronavirus always requires an adjustment of the problem analysis. The same applies to the plan of approach if there is a change in the reintegration efforts to be undertaken because of the coronavirus.
The UWV will verify whether the RIV meets the requirements set for this purpose. As a starting point, it is expected that the report will also be complete in the current situation. After all, information can also be exchanged electronically and physical signatures are not required.
In the substantive assessment of the RIV, the data of the company doctor will, in principle, be leading. If necessary, the insurance doctor can collect additional information via a consultation by telephone. A physical visit to the insurance doctor is currently not required.
Corona measures: sound reason?
The UWV assesses whether sufficient reintegration efforts have been made. If the employer indicates that certain efforts could not be made because of the coronavirus, there may be sound reason, as a result of which a wage sanction is not at issue. In addition, a wage sanction can only be imposed if the employer can still rectify the shortcomings. If rectification is currently not possible due to corona, no wage sanction will be imposed.
On the basis of a number of examples, the UWV indicates when there may be a sound reason for the stagnation of the reintegration:
- A temporary closure of business as a result of which the sick employee is unable to perform (suitable) work. If the employee could be re-employed after the closure, the UWV expects an irrevocable commitment.
- A second track (or parts of a second track)(known in Dutch as ‘tweede spoor’) cannot be executed. For example, because of a closure of business at the new employer or because the employee has insufficient skills to do his work digitally from home.
- The physical inability to perform suitable work, for example due to a reduction in the employer’s work offer or the lack of support.
With regard to these starting points, it is always important that the employer himself must indicate that certain reintegration activities cannot be carried out because of the coronavirus. He needs to properly substantiate his statement.
The UWV has also provided a number of examples in which there is no sound reason for the stagnation of the reintegration. The most important examples are:
- There has been insufficient research into reintegration at the own employer. After all, an examination can be carried out remotely.
- Imminent inability to pay. If an employer is unable to meet his payment obligations, this does not mean that the reintegration efforts should be regarded as sufficient.
Reduction request in the event of a wage sanction that has already been imposed
If a wage sanction has already been imposed, but the employer believes that the shortcoming cannot be rectified because of the current situation, the employer may make a reduction request. In this request he has to substantiate why and during which period the reintegration has stagnated. The UWV will then assess whether the wage sanction can reasonably be terminated.
Conclusion
Reintegration can stagnate as a result of the far-reaching measures taken in the context of corona. With the addendum to the Werkwijzer Poortwachter, the UWV creates room for customization and assesses the reintegration activities on the basis of the measures that applied during the period in question. It is advisable to clearly describe in the reintegration file which reintegration efforts were not made due to the current measures.
If you have any questions regarding this subject, please feel free to contact Lisa Klumperink.
