Outplacement in case of illness: what is allowed and what is not?

An outplacement process may only be started after two years during illness, if reintegration was unsuccessful and dismissal is allowed.

Is outplacement possible in case of illness?

Outplacement is intended for employees who are fired or threatened with dismissal. As long as someone is ill, however, you are not allowed to resign as an employer — and therefore not offer outplacement. Outplacement should only be considered after two years of illness, when the wage payment obligation has expired and the UWV has issued a dismissal permit.

Note: this does not mean that you can't do anything in those two years. Quite the contrary — as an employer, you are obliged to invest in reintegration, in the first and possibly second track. Only when these reintegration efforts have yielded insufficient results will there be room for outplacement.

Why are you not allowed to offer outplacement during illness?

Sick employees are legally protected. During the first two years of illness, you are not allowed to fire someone, unless there are exceptions such as refusal to work. An outplacement process — which focuses precisely on guidance after or upon dismissal — is therefore not allowed during this period.

Only when:

• the obligation to continue to pay wages has expired,
• recovery is not expected within 26 weeks,
• and the UWV gives permission for dismissal,

as an employer, you can start with a outplacement process.

Until then, reintegration remains the preferred route.

What should you do then? Reintegration via Track 1 and 2

Reintegration is required by law. In the first year, you will start reintegrating first track: returning to your own employer in adapted or other appropriate work. If that does not work, reintegration follows the second track: guidance to work with another employer.

Although second track reintegration is a lot like outplacement, it is slightly different from a legal and political point of view. Reintegration falls under the Gatekeeper Improvement Act and takes place as long as the employment relationship is still ongoing. Outplacement, on the other hand, is a voluntary arrangement after dismissal or in the event of imminent dismissal.

Tip: consciously choose career guidance if you suspect 'illness'

There is one important practice point that many employers do not anticipate:

Do you expect an employee to call in sick after you offer outplacement? For example, because someone is structurally overburdened, regularly calls in sick or gets stuck in work?

Then it is wiser to first career guidance to offer. This prevents legal complications and helps someone in a positive, activating way.

During such a counseling process, the employee discovers whether the work still suits him or her. If this shows that a different work environment is better, you can still start an outplacement process — where career guidance has already acted as a valuable basis.

For whom is outplacement in case of illness really suitable?

Outplacement after illness is relevant in situations where:

• the employee has been ill for two years,
• reintegration has yielded no results,
• the employment relationship is terminated with the permission of the UWV or via a settlement agreement.

In this phase, outplacement can be a respectful completion. Many employees need structure, direction and guidance towards a new future. Especially after a long period of illness, a good process helps to regain confidence in your own abilities.

In our article who is outplacement for? you can read more about the target groups.

What does an outplacement process after illness cost?

The costs for an outplacement process after illness vary by situation. Factors such as duration, intensity and required guidance play a role in this.

When an employee says goodbye through an arrangement after a long illness, outplacement can be part of the “warm departure”. The costs are then often (partly) reimbursed by the employer, as part of the transition payment or other agreements.

You can read more about this in our article what costs an outplacement process?

Also useful: read how much time a process takes on average in how long does an outplacement process take?

In summary: this is what is allowed in case of outplacement and illness

• Outplacement is only allowed after 2 years of illness, if reintegration has yielded no results and the UWV allows dismissal.
• Until then: focus on reintegration via the first and second tracks.
• Do you suspect that illness is imminent? Then start with career guidance, not outplacement.
• An outplacement process can then follow later — as a valuable completion and step for the future.

‍