A second track process stops when the employee is permanently placed with another employer, can (partially) return within their own organization, is declared completely incapacitated for work, or when reintegration proves to be demonstrably not (anymore) feasible. The process also ends after 104 weeks of illness or when the UWV gives permission to terminate it, for example on the basis of a negative feasibility study.
One second track The process starts when a long-term ill employee is no longer able to return to their own position or organization. The employer and employee then - often with the help of a reintegration agency - look for suitable work with another employer. This is mandatory under the Gatekeeper Improvement Act.
There are several situations in which the process ends:
Sometimes it appears that the employee is still able to (partially) return to their own employer. In that case, track 2 stops and track 1 resumes.
If a medical assessment shows that working (even externally) is not structurally feasible, the process can be terminated. This must be well substantiated, often via an expert opinion or a WIA application.
As soon as the employee finds sustainable suitable work with another employer, the second track process can be completed. This is the intended result of the process. Make sure that this placement is properly recorded in the file, including the start date of the new employment.
After two years of illness, the employer's obligation to continue to pay wages ends. In principle, the second track process stops as soon as the UWV has decided on the WIA application. In the event of a wage penalty, however, the process continues.
In exceptional cases, the UWV can give permission to terminate the second track process early, for example after a negative feasibility study. This requires a solid foundation.
The employer cannot terminate the process unilaterally. There must be substantiation from the company doctor, employment expert or the UWV. For no apparent reason, the employer runs the risk of a wage penalty.
The termination of the process must always be recorded in writing in the reintegration file. This prevents problems with testing by the UWV and shows that the process has been carefully completed.
Care4Careers supports employers and employees with expert guidance, customized solutions and complete file structure. Feel free to contact us.
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