The importance of a comprehensive sick leave file

Gatekeeper Improvement Act

The Gatekeeper Improvement Act requires employers and employees to work actively together to achieve a return to work as soon as possible. During the first 104 weeks of incapacity for work, various steps must be taken, including drawing up a problem analysis, an action plan and periodic evaluations. Carefully documenting these records ensures that the progress of the reintegration process remains clear to all parties involved.

The assessment by UWV

At the end of the 104 weeks, UWV assesses whether the employer and employee have made sufficient efforts to facilitate reintegration. This assessment considers not only the actions taken, but also how they have been documented in the file. Missing documentation may mean that the efforts made cannot be demonstrated.

Paying extra attention to documentation in the file

A common pitfall is that the action plan is drawn up but not subsequently updated when the situation changes. During a period of absence, an employee’s capacity for work may increase or decrease. Duties may also be adjusted, or new agreements may be needed to continue the reintegration process successfully.

It is therefore important to carefully document every adjustment to the action plan. This shows that the employer and employee are actively monitoring the process and making adjustments where necessary. It also creates a clear timeline of the decisions made and actions taken. It is precisely these adjustments that show the reintegration process is being actively managed and form an important part of the sickness absence file.

Other elements are also regularly overlooked in practice, such as documenting evaluations, progress meetings and the rationale behind decisions made within the reintegration process, including in relation to the first and second tracks.

The first and second tracks

Reintegration always starts with the first track. This involves exploring options for the employee to return to their own role or, if that is not possible, to another suitable role within the organisation.

It is important to document the various assessments, discussions and agreements properly. This shows which options within the organisation have been explored and what steps have been taken to facilitate a return to work.

When it becomes clear that a return within the organisation itself is not feasible, reintegration outside the organisation must be considered. This is known as the second track. It involves looking for suitable work with another employer. An occupational expert assessment can determine whether it is necessary to start a second-track process.

Proper record-keeping is also essential during a second-track process. All efforts, assessments and decisions must be documented. This can demonstrate that a genuine effort has been made to identify suitable reintegration opportunities.

The UWV wage sanction

If important documents are missing or there is insufficient evidence of the efforts made, UWV may impose a wage sanction. This means that the employer must continue paying the employee’s salary for up to an additional 52 weeks.

A carefully compiled absence file is therefore more than an administrative obligation. By consistently documenting agreements, evaluations and adjustments, employers not only meet the obligations under the Gatekeeper Improvement Act but also significantly reduce the risk of a costly wage sanction.

Do you have questions about compiling or maintaining a complete sickness absence file, or would you like more information about sickness absence? Please contact us using the details below.