Can an employee refuse track 2 if it does not seem feasible?

No, not just like that. An employee may only refuse reintegration via the second track if there are compelling medical or occupational reasons for doing so. As long as the company doctor or employment expert considers that track 2 is realistic, there is a legal obligation to cooperate. Refusing without a valid reason can lead to a pay freeze or sanctions from the UWV.

What if the employee disagrees with the judgment?

A feasibility study is intended to identify whether track 2 makes sense. However, it is possible that the employee does not recognize the outcome. In that case, he or she may object or ask for an explanation, but as long as the company doctor or employment expert deems the process appropriate, cooperation is mandatory.

Important to know: the feasibility study report is advisory — the company doctor's opinion ultimately weighs the hardest.

What does the law say about participating in track 2?

The Gatekeeper Improvement Act states that both employee and employer are obliged to actively participate in reintegration. This also applies to track 2. As soon as the first track (returning to your own work or other work within the organization) no longer appears feasible, track 2 is the logical next step.

Participating means, among other things:

• Actively participate in guidance and mediation
• Explore appropriate features and be open to alternatives
• Fulfilling agreements and sticking to the plan of action

When can an employee refuse track 2?

There are situations where it is legitimate to reject track 2:

• The company doctor considers it medically irresponsible
• The employee has been declared completely incapacitated for work
• The UWV or an expert opinion confirms that track 2 is pointless

In these cases, track 2 is usually not started or terminated prematurely. Even then, it is important that everything is properly recorded in the reintegration file.

What are the consequences of refusing without a valid reason?

If an employee refuses track 2 while the company doctor or employment expert decides it is feasible, the consequences can be serious:

• Wage suspension or pay freeze
• Loss of rights in case of WIA application
• Possible penalty from the UWV for insufficient reintegration efforts

That is why it is important that the employee and employer always keep in touch, and that any doubts or concerns are properly discussed and recorded.

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Looking for guidance with a track 2 process?

Care4Careers supports employers and employees with expert guidance, customized solutions and complete file structure. Feel free to contact us.

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