In most situations, a second track is a mandatory step within the reintegration obligations of employer and employee. Yet there are exceptions in which not starting track 2 is justified. Below we explain the specific situations in which this can be waived.
No exploitable potential (GBM).
When the company doctor determines that a (former) employee, even after reintegration activities, can no longer perform any work, a second track is not useful. In that case, there are no exploitable possibilities and the track can be omitted.
State pension age within one year
If an (ex-)employee reaches the AOW entitlement age within one year after the end of the waiting period (the mandatory two years of wage payment), then track 2 need not be started. This only applies if both employer and employee agree.
Expect full recovery within three months
If the company doctor expects that the employee will be fully recovered for the own function within three months after the first year of absence, it is not necessary to start a second track trajectory. However, the company doctor should clearly substantiate this in the feedback.
Recovery over reintegration
In some situations it is medically better for an employee to use his limited load capacity for recovery instead of reintegration activities. If the company doctor indicates this, track 2 may be temporarily postponed. In that case, keep testing the taxability regularly; it may still be relevant to start track 2 at a later time.
Counterproductive to recovery
When reintegration activities within the framework of track 2 can hinder recovery, the track may not be started (yet). The company doctor assesses whether this is the case and determines the right moment to start if necessary.
Costs greater than 70% of residual wage
If the costs of the second track track are higher than 70% of the wages still to be paid over the remaining wage continuation period, the track may be omitted. This occurs, for example, in the case of a short remaining period or small employment (such as 4 hours per week). Please note that the UWV assesses this consideration strictly.
Provide careful substantiation
Not deploying a second track always requires a clear and well-founded motivation. Involve both the company doctor and the labor expert. Their joint expertise ensures a careful picture of the reintegration possibilities and helps prevent the UWV from imposing sanctions afterwards.
Need help considering whether or not to use Track 2?
Resolu's specialists are happy to think along with you. We help to carefully substantiate choices within the reintegration process, so that you meet the requirements of the UWV and do justice to your employee's situation. Please contact us for advice.
