Module 3: "Illness and reintegration in the Netherlands"

In this workshop, time is spent to learn about the intricacies of dealing with sick leave of employees, and the provisions of Dutch Labour Law when dealing with long-term absences. We also work to resolve any practical cases of employee illness you may want to bring to the table for discussion and guidance.

In the Netherlands, the Gatekeeper Improvement Act (Wet Verbetering Poortwachter) imposes several, mainly time-dependent, obligations on employers. If these are not met, it may result in wage sanction from the government agency called the UWV (Uitvoeringsinstituut Werknemersverzekeringen).

We spend time to equip you as both a manager and/or HR adviser in your company, to navigate the challenges that employers may face when complying with its legal obligations, and simultaneously to create a roadmap for the employer to also enforce its rights, within the parameters of the core values & ambitions of the organisation.

TOPICS

The following topics will be addressed:

Employee engagement:

• How to have and maintain a ‘human-centred’ approach regarding illness & reintegration into work, whilst being aware of the legal requirements and manage the associated risks & opportunities?
• How to deal with employees who you feel feigns illness with a view to avoid or postpone dismissal, for example in the context of a performance improvement process?
• What do you do if an employee refuses an offer of suitable alternative work?

Working conditions:

• How to effectively prevent absenteeism by focussing on sustainability during the lifecycle of the employee journey (e.g. informal care, implementing work-life balance, recognising signs of work stress and the characteristics of burnout).
• Rules for RI&E (Risk Assessment & Evaluation), ensuring that there are sufficient measures for disease prevention and the expectations on the employer to furnish protective equipment (PPE).
• How to implement a “Vitality Policy” at all levels (for the individual, the team, and the organisation).
• Discussing the need for a “Sustainable Employability Policy” (what it consists of and how to develop it with stakeholders).

Reintegration:

• How do I facilitate reintegration?
• Creating problem analysis report and compilation of the Plan of Approach (Plan van Aanpak) for internal use.
• Assist in process management and guiding the employee to resume their duties.

Legislative requirements:

• Consideration of relevant Dutch Labour Law and legislative provisions in the event of short-and long-term absenteeism, also regarding pregnancy related health complaints.
• What are the ‘punitive’ measures an employer can (or in some circumstances must) take, in case of non-compliant behaviour of employees, specifically within the context of employee illness reintegration?
• What is the difference between a so-called ‘second opinion’ and ‘expert opinion’?
• Discussing the requirements of the UWV assessment framework, the role of the arbodienst/working conditions service, company doctor, case, and prevention managers, and how this relates to the manager and the HR department of the employer.

 Conflict resolution:

• Addressing and resolving labour disputes and engaging tactfully when considering an employee’s potential disability.
• Ensuring the correct diagnosis is pursued to avoid receiving a medical diagnosis for non-medical conditions/concerns.
• Ensure swift conflict resolution is achieved and create an intervention plan, with the use of for example, team-based interventions.

 Dismissal:

• When, and under which circumstances, is dismissal possible when an employee is frequently ill or has been placed on sick leave?
• What are the possibilities for dismissal in cases where there is a combination of illness and other grounds, such as, underperformance, misconduct, labour conflict, economic grounds or after having completed the two-year mandatory salary payment period during illness?

RESULTS

After completing this course, you will have:

• up-to-date knowledge of Dutch Labour Law and HR instruments in the event of illness and reintegration of employees;
• developed skills in handling of absenteeism cases, building a case file and conducting interviews with ill employees; and
• learnt techniques to prevent absenteeism, promote a sustainable working environment and unnecessary classification of medical absenteeism.

ALL PARTICIPANTS RECEIVE A ‘CERTIFICATE OF ACHIEVEMENT’ FOLLOWING THEIR ATTENDANCE.