In the Wet verbetering Poortwachter it is described that employee and employer together draw up an action plan no later than in week 8 of the absence. But what if the company doctor indicates that there are no reintegration possibilities yet?
Ruling Court of The Hague
On July 3, 2025, the District Court in The Hague made it clear that failure to prepare a plan of action in a timely manner violates legal requirements. The case in question involved GBM, or "no employable possibilities." No plan of approach was drawn up, after which the UWV's labor expert subsequently classified this as a shortcoming in the RIV test.
Obligation remains
The court ruled that failure to complete a plan of approach in a timely manner violates the legal requirements placed on an employer's reintegration efforts. Even if the sick employee is not yet able to reintegrate, the obligation to timely complete an action plan remains. The fact that there are (temporarily) no exploitable possibilities does not relieve the employer of this obligation.
Practicality in the absence of opportunities
If there are no reintegration possibilities, the action plan need not be extensive. A brief description of the situation (with possible reference to the problem analysis) and a follow-up appointment are sufficient to meet the legal obligations.
Prevent problems and complete the plan of action
Even without immediate reintegration possibilities, as an employer you must always draw up a plan of approach no later than week 8. This prevents problems with the RIV test and you meet the requirements of the Wet verbetering Poortwachter. Do you want to be sure that you are complying with all the obligations surrounding absenteeism and reintegration? Contact Resolu.
