Employer continued salary payment during sickness

Employer continued salary payment during sickness means that, when an employee is unfit for work, you must keep paying salary and actively manage reintegration. In the Netherlands, the main rule is an obligation to continue wage payment for up to 104 weeks, while the exact percentage often depends on the applicable collective labour agreement or the employment contract. This wage obligation directly connects to spoor 2: if sustainable return to work within your organisation is not feasible, you must timely support a move to suitable work with another employer. This article explains how wage payment and spoor 2 reinforce each other, what choices you must document, and how to reduce UWV compliance risks.

How does continued salary payment during sickness work?

Employer continued salary payment during sickness is primarily set by Dutch labour law: you continue paying wages while following the required reintegration steps. The legal minimum is that you pay at least 70% of wages during sickness. Many collective labour agreements provide higher continued payment, often (partly) 100% in the first year and a lower percentage in the second year.

Employer continued salary payment during sickness also depends on what counts as wages. Typically, it concerns the fixed salary, while certain structural allowances may be included as well. Variable pay is assessed case by case; recurring, predictable components are more likely to be included than incidental reimbursements. Practically, that means you should always check the contract, HR policies, and the relevant collective labour agreement.

Waiting days (days without wage payment at the start of sickness) may be applied only if agreed in the contract or collective labour agreement and applied consistently. Even with waiting days, your reintegration obligations remain fully in place from day one.

• Legal minimum: 70% wage continuation during sickness (collective agreements may be higher).
• Wage continuation runs in parallel with mandatory reintegration actions.
• Confirm which pay components are included (fixed salary, structural allowances, variable pay).
• Waiting days are only possible if contractually or collectively agreed.

When does wage continuation trigger starting spoor 2?

Employer continued salary payment during sickness becomes critical when it is clear that return to the original job (spoor 1) is not realistic. Spoor 2 is the reintegration track aimed at work with another employer, and it should not be treated as a last-minute step near the end of the 104-week period. In practice, UWV expects you to start spoor 2 in time once sustainable internal reintegration is unlikely.

Employer continued salary payment during sickness continues while spoor 2 is running. That is why timing matters: delaying spoor 2 while spoor 1 is effectively stalled increases the risk that UWV will judge your efforts insufficient. The occupational physician advises on medical capacity and prognosis; you then decide whether suitable internal work is realistically available or whether you should start spoor 2 in parallel.

A common situation is partial capacity: an employee can do light duties for limited hours, but there is no sustainable internal role. Then spoor 1 may consist of temporary adjusted work, while spoor 2 focuses on identifying suitable roles externally. Starting spoor 2 only after months of minimal internal activity can look like avoidable delay.

• Start spoor 2 once sustainable return to internal work is unlikely.
• Use occupational physician input to substantiate capacity and prospects.
• Where needed, combine temporary adjusted duties with external job orientation.
• Document decisions and reasoning in the reintegration file.

Which obligations come with wage continuation and the Poortwachter approach?

Employer continued salary payment during sickness is inseparable from the Dutch Poortwachter framework. The required steps are commonly referred to as the Wet verbetering poortwachter: you must arrange an occupational physician assessment and jointly plan the route back to work. The core principle is that wage payment must be matched by demonstrable, timely reintegration efforts.

A key document is the reintegration plan of action. It sets goals, actions, timelines, and evaluation points. The plan should be updated when capacity changes or when a track proves ineffective. This file later becomes central in UWV’s review when the employee applies for WIA.

Responsibilities are shared. The employer typically organises and finances necessary measures; the employee must cooperate with reasonable proposals. This balance is reflected in reintegration rights and obligations. If either party falls short, there can be financial consequences, including wage measures for the employee under strict conditions or, for employers, a UWV sanction.

• Occupational physician analysis as the basis for spoor 1 and spoor 2 choices.
• A concrete plan of action with timelines and evaluations.
• File building with evidence of timely and suitable efforts.
• Clear agreements on cooperation and suitable work within medical limits.

Key risks: UWV review and sanctions extending wage payment

Employer continued salary payment during sickness can be extended if UWV concludes your reintegration efforts were insufficient. UWV may impose a sanction requiring you to continue paying wages for longer and to use the extra time to improve reintegration actions. The review focuses on substance as much as paperwork: were actions timely, logical, and medically appropriate?

Employer continued salary payment during sickness is often scrutinised through the lens of spoor 2 timing. If spoor 1 had little realistic prospect and spoor 2 started late, that is a typical risk factor. Another risk is weak substantiation: if you claim no suitable internal work exists, you must show you genuinely explored adjustments, alternative roles, and redeployment options.

A practical way to reduce risk is to align your approach with UWV’s expectations around the UWV wage sanction (loonsanctie). That means regular evaluations, realistic labour-market orientation, and clear documentation of contacts and job-search activities. When capacity fluctuates, keep linking decisions to updated occupational physician advice.

• Starting spoor 2 too late while spoor 1 is clearly stalled.
• Insufficient evidence for “no suitable internal job available”.
• A plan of action that is not updated or lacks concrete actions.
• Too little demonstrable activity toward sustainable work, internally or externally.

Practical examples: combining wage continuation with a spoor 2 track

Employer continued salary payment during sickness often applies when an employee can work partly but cannot sustainably return to their original role. For example, an employee in a physically demanding job recovers from a long-term injury and can no longer perform heavy lifting. If no sustainable internal alternatives exist, starting a reintegration second track programme is a logical step while wage payment continues.

Employer continued salary payment during sickness can then be combined with phased build-up. The employee may work a few hours per week in adjusted duties to maintain routine, while also spending agreed hours on spoor 2 activities such as labour-market orientation, CV updates, and exploring suitable roles. This prevents stagnation and demonstrates active case management.

A second example involves burnout or stress-related conditions where capacity can fluctuate. In that case, spoor 2 should not feel like pressure. You structure the programme in small, feasible steps aligned with occupational physician guidance. Early stages may focus on vocational orientation first, with job applications only later, while you continue evaluating whether internal suitable work becomes feasible.

• Combine adjusted duties with agreed spoor 2 hours for orientation and matching.
• Record which activities count as reintegration efforts (contacts, meetings, applications).
• Align pace and content with medical capacity and occupational physician advice.
• Define the target clearly: suitable work with concrete conditions and job directions.

Employer FAQs on wage continuation and spoor 2

Employer continued salary payment during sickness raises recurring questions, especially once spoor 2 is discussed. A common one is whether you may reduce wages if the employee does not cooperate. In some situations this is possible, but only with careful due process, prior warnings, and a clear link to refusal of reasonable reintegration obligations. In practice, clarifying expectations early and documenting agreements reduces conflict.

Another frequent question is when you can stop a programme. Spoor 2 does not end simply because it is difficult or because no match has been found yet. You must periodically assess whether the programme remains suitable given medical capacity and whether there are still realistic options. Decisions about when a reintegration track can stop should be well substantiated because UWV reviews the overall effort.

Finally: who pays for spoor 2? In most cases, the employer covers the costs of necessary reintegration measures, including spoor 2 support, because they are part of the statutory obligation to facilitate return to work. If you want a clear baseline, it helps to define what reintegration second track means and then align your file and actions accordingly.

• Wage measures for non-cooperation: only under strict conditions and well documented.
• Stopping spoor 2: evaluate periodically and substantiate decisions.
• Costs: necessary reintegration measures, including spoor 2, are generally employer-funded.
• Define “suitable work” in relation to medical capacity and sustainable employability.