The Gatekeeper Improvement Act obliges employers to start reintegration immediately in the event of an employee's illness. As an employer, you are fully responsible for the process, planning and contact with the employee. Collaboration is mandatory: the employee must actively cooperate, but you are in control.
Below is a clear overview of the mandatory steps that you must take as an employer according to the Gatekeeper Act.
On the first day of absenteeism, you register the sick employee with your occupational health service or company doctor. This is the starting point of the reintegration process. At the same time, you start collecting information for the absenteeism file. You are obliged to continue to pay the salary throughout the entire process.
You stay in active contact with the employee. Ask regularly about the recovery and record it. Is there no response or is the employee not cooperating? Then the UWV can impose sanctions. Is the employee still incapacitated for work after two weeks? Then schedule an appointment with the company doctor.
In the event of a probable long-term failure, ask for a professional opinion from the company doctor around week 4/5. This forms the basis for the further approach.
Appoint a case manager who is responsible for the process and communication. This can be a manager or an external party, such as a reintegration office. The case manager monitors progress and coordinates the steps.
The company doctor suggests a Problem analysis on. This states whether and how the employee can reintegrate. This can be within your organization (Track 1), or with another employer (Track 2).
Together with the employee, you set up a Plan of Action on. Here you lay down concrete reintegration steps. The case manager supervises the implementation. Every 6 weeks, you will evaluate the plan and make adjustments where necessary.
Has the employee not fully recovered after 42 weeks? Then report long-term absenteeism to the UWV no later than the first working day of week 42. Do this on time — otherwise you run the risk of a wage penalty.
After one year of illness, the first-year evaluation. Together, you will see whether the reintegration is still on track. To do this, use the UWV form. If necessary, you will adjust the Plan of Action.
In week 87, your employee will receive an invitation to apply for WIA benefits. You are currently preparing the reintegration report and providing a copy to the employee.
You and the employee fill the Final evaluation form in. This will be part of the reintegration report.
By week 93 at the latest, you must ensure that your employee has the complete reintegration report for the WIA application.
After 104 weeks of illness, the UWV will assess the application. Upon approval, the employment contract may end. Note: are your efforts insufficient? This is followed by a wage penalty and you will continue to pay up to one additional year of salary.
Many employers unconsciously make mistakes in the process:
These errors can lead to high costs and additional obligations. Expert guidance prevents that.
Bee Care4 Careers we specialize in Spoor 2 processes, absenteeism counseling and career scans. We proactively think along, help you meet all obligations and guide your employee to a new perspective.
- Less chance of wage sanctions
- Faster clarity
- Customized work, not a standard process
➡️ Want to know more? Schedule an informal consultation right away
➡️ Download the gatekeeper schedule here: Gatekeeper's Law Schedule
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