Wet verbetering poortwachter (Wvp)
Day 1
Reporting sick
An employee reports sick. In practice, you might find it difficult to ask questions from the first moment of contact, partly due to the strict privacy legislation. However, if you know what you are allowed to ask and what you shouldn’t ask you can easily initiate a good talk.
Week 6
Problem analysis and recommendation
The employee meets with the medical officer, who formulates the problem analysis and recommendation and sends this to the supervisor.
Week 8
Creating a Plan of Action
The supervisor and the incapacitated employee are jointly responsible for creating the Plan of Action.
Evaluation every 6 weeks
The supervisor evaluates the plan of action once every six weeks. You adjust the plan if you make new agreements. For this purpose, use the first-year evaluation form. Both the supervisor and the employee sign this.
Week 42
Reporting to the Employee Insurance Agency (UWV)
If in week 42, the employee is still sick, then the employer reports this to the Employee Insurance Agency (Dutch: UWV).
Current capabilities list
A current capabilities list is created and a vocational expert carries out an evaluation.
Week 46-52
Time to shake things up & have a talk
After one year of absence, it is time to shake things up and to have a talk with the employee about the second year of absence.
First-year evaluation
Together you discuss the first-year evaluation and set in motion the 2nd track of reintegration based on the recommendation of the vocational expert’s evaluation.
Week 91
Prepare a WIA application
It is time to prepare the WIA application and gather all the information necessary for this application.
What does the WIA application?
The reintegrationreport
- Problem analysis (and any adjustments that were made to the analysis)
- Plan of action
- Periodic evaluations
- First-year evaluation
- Current assessement
- Final evaluation
- Other relevant documents (e.g., the vocational expert’s report, an expert’s assessment and/or the 2nd track report)
Medical information
- The employee receives the medical information from the medical officer. Due to privacy regulations the employer does not receive this.
Sending the file
Coordinate the sending of the file. The employer sends the reintegration file together with the aforementioned documents in digital form. The employee sends the WIA application and sends the medical information.
Tip: create a guide of what has happened from the beginning of the absence until now and add this to the file.
Week 93
Submitting the WIA application
The WIA application must be submitted to the Employee Insurance Agency (Dutch: UWV) in week 93 at the latest. The incapacitated employee is responsible for doing this.
Evuluation by an expert
Sometimes, the reintegration process comes to a standstill and you can't find a solution jointly with the employee.
In such a case, you can ask the UWV to provide an independent assessment of the situation. On the UWV website you can find more information about this.
Salary sanction
The aforementioned mandatory steps of the Eligibility for Permanent Invalidity Benefit (Restrictions) Act are important. Aside from the fact that it is part of your obligation as a good employer, you also risk salary sanctioning if you do not comply with your obligation of actively contributing to reintegration. In case of salary sanctioning, you might have to continue paying the employee’s salary for another year.
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