Employer continued pay during sickness

Employer continued pay during sickness means your employer keeps paying your wages during illness while both sides must actively work on reintegration. In the Netherlands, the general rule is that an employer must continue wage payments for up to 104 weeks, usually at least 70% of salary (specific agreements may be more generous). This wage obligation is closely linked to spoor 2: when returning to your own job or within your employer is not feasible, reintegration towards work with another employer must be started in time. This article explains how wage continuation and spoor 2 interact and how to prevent disputes about pay, suitable work and cooperation.

How does continued wage payment by the employer work?

Continued wage payment during sickness is based on Dutch civil law and is shaped by your employment contract and collective labour agreement (cao). The core rule is wage continuation for a maximum of 104 weeks of sickness. The level is often at least 70% of wages, while many cao’s provide a higher supplement in the first year.

It is not only about base salary. Fixed wage components may also count, such as structural allowances, depending on how they are defined and paid in practice. Variable pay, such as bonuses or overtime, can be treated differently and depends on the agreements and consistent past practice. This is a frequent source of questions in long-term absence cases.

Wage continuation can be affected by waiting days (wachtdagen) if validly agreed. Sanctions can also apply if an employee does not cooperate with reintegration: the employer may suspend or stop wage payments, but only under strict conditions and with careful documentation.

• Main rule: continued wage payment up to 104 weeks.
• Level: often at least 70% (contract/cao may be higher).
• Waiting days: only if legally agreed.
• Wage components: fixed parts often included; variable parts depend on arrangements.
• Sanctions: suspension/stop requires clear obligations and a solid file.

What is the link between continued pay and spoor 2?

Wage continuation runs alongside the reintegration process under the Dutch Gatekeeper Improvement Act (Wet verbetering poortwachter). Spoor 2 is reintegration towards work with another employer when returning to your own job (spoor 1) is not possible and there is no sustainable suitable work within the organisation. As long as the employment contract continues and the employee is sick, spoor 2 can become a mandatory part of the approach.

In spoor 2, wage continuation often becomes a friction point because employees may feel that illness means they should not yet look outside. UWV, however, expects realistic steps towards work resumption within medical capacity. “Suitable work” must fit the employee’s functional abilities as assessed by the occupational physician (bedrijfsarts), and also take into account skills and experience.

In practice, spoor 2 is not started on day one. First, parties explore recovery and internal options. When it becomes clear that return within the employer is not feasible, the employer must scale up in time. This is not about preparing dismissal, but about using remaining work capacity and preventing issues at the end of the waiting period.

• Spoor 1: return to own job or other suitable work with the same employer.
• Spoor 2: reintegration towards work with another employer.
• Purpose: use remaining capacity within medical limits, not to accelerate termination.
• Assessment: UWV reviews efforts during a WIA application.
• Impact: insufficient efforts can increase financial risk for the employer.

A clear starting point is the explanation of second-track reintegration (spoor 2) and how it fits into the broader process.

Rights and duties: when can wages be suspended or stopped?

Wage continuation is conditional on cooperation. Employees must participate in reintegration by keeping appointments, accepting suitable work when medically possible, and providing the information needed for the process (without sharing medical details). Employers must offer suitable work where possible, follow a careful process, and respect privacy rules; medical information stays with the occupational physician.

Wages may be suspended if the employee fails to comply with reasonable control rules, for example not attending an occupational health appointment without a valid reason. Suspension typically means payment pauses until cooperation resumes; after that, the employer generally pays the withheld wages retroactively for the suspension period.

A wage stop is more severe and may apply if an employee refuses reintegration without good reason, such as rejecting suitable work or blocking necessary spoor 2 steps. This requires due care: clear instructions, warnings, documentation and an opportunity to correct behaviour.

• Suspension: for failing control obligations; can be remedied with retroactive payment.
• Stop: for refusing reintegration; stricter legal requirements.
• Evidence: the employer must document offers and refusals.
• Medical framework: the occupational physician defines capacity, not the manager.
• Documentation: agreements and warnings belong in the reintegration file.

For a practical overview, the page on rights and duties in reintegration helps align expectations when wage measures are considered.

Practical steps: connect wage continuation to a UWV-proof file

Wage continuation becomes risky when reintegration steps are late, vague or poorly documented. UWV assesses not only medical aspects but also the efforts made by both employer and employee. The Wet verbetering poortwachter sets key moments and required documents.

Delays are a common pitfall. For example, if the occupational physician indicates that returning to the original role is unrealistic, but the employer keeps “waiting and seeing” for months, a coherent spoor 2 pathway is missing. UWV may then conclude that efforts were insufficient.

A consistent cycle of evaluating, adjusting and documenting prevents misunderstandings about what is suitable and what has been attempted. In spoor 2, it also helps translate functional abilities into realistic job directions, work trials and labour market steps.

• Problem analysis: let the occupational physician describe limitations and possibilities.
• Reintegration action plan: define goals, steps and timelines.
• Regular evaluations: record what works, what doesn’t, and why.
• Spoor 2 rationale: document why internal suitable work is lacking or not sustainable.
• File building: keep reports and action logs consistent and complete.

The process logic is reflected in the Gatekeeper Improvement Act step-by-step approach, which UWV uses as a reference framework.

Real-world examples: pay, suitable work and spoor 2 discussions

Wage continuation often triggers questions when the focus shifts from recovery to sustainable employability. Consider an employee with long-term back problems. The occupational physician rules out heavy physical work but allows seated work with variation. If no internal role fits, spoor 2 becomes the logical route. Wages continue, but the employee must cooperate with realistic external orientation.

Another common situation is partial work resumption. For instance, an employee works 50% in adapted duties while also taking spoor 2 steps. Clear agreements about hours, energy balance and expectations are essential. Too much pressure can cause relapse, while too little activity may look like insufficient effort.

A third scenario involves resistance: the employee feels spoor 2 is “too early”. Returning to the medical framework helps. Spoor 2 can start with low-impact steps within capacity, such as labour market orientation and mapping feasible job families. This often reduces tension and strengthens the UWV defensibility of the approach.

• Long-term limitations: no internal suitable work, so spoor 2 with a clear job direction.
• Partial resumption: balance internal build-up and external steps to prevent relapse.
• Resistance: start with light actions within medical capacity.
• Disputes: use the occupational physician’s guidance to define suitability.
• Uncertainty about timing: tie actions to evaluation moments and criteria.

To manage expectations about closure or continuation, the explanation of when a reintegration track can stop is often helpful.

Financial and legal risks: UWV sanctions, WIA and next steps

Wage continuation can become longer and more costly if UWV concludes that reintegration efforts were insufficient. The best-known consequence is an UWV wage sanction: UWV can extend the employer’s wage payment obligation when efforts or documentation fall short. This is why timely, well-substantiated spoor 2 matters when spoor 1 stalls.

Wage continuation is also tied to the WIA application moment. Near the end of the waiting period, UWV assesses both the degree of work disability and the reintegration efforts. A serious spoor 2 process usually makes it clear which roles are feasible and which labour market steps were taken, reducing uncertainty in the assessment.

After long-term sickness, organisations may also face questions about termination and financial entitlements. In some cases, a transition payment becomes relevant. The outcome depends on the route and circumstances, but it helps to understand the logic around transition payment after reintegration.

• UWV review: employer and employee efforts are assessed during WIA.
• UWV wage sanction: possible if efforts are insufficient.
• Spoor 2 timing: late start is a common file weakness.
• After 104 weeks: WIA assessment and potential employment law steps.
• Financial wrap-up: consider wage components, leave balances and possible payments.

Many employers therefore choose professional guidance through a spoor 2 reintegration programme to keep both content and documentation robust.