Employer wage sanction at WIA stage

UWV has imposed a wage sanction on your employer — or one is likely. That means your employer must continue paying your salary for up to another year. For you, this changes everything.

What a wage sanction means

When your employer applies for WIA assessment after 104 weeks of sick leave, UWV reviews the reintegration file. If UWV concludes that the employer has done too little, it imposes a wage sanction: the employer must continue paying your salary for up to an additional 52 weeks. During this period, the dismissal prohibition continues and your employer cannot terminate your employment.

Common reasons for wage sanctions: no or insufficient track 2 reintegration, inadequate occupational health assessment, incomplete reintegration file, or failure to follow company doctor advice. The sanction hits the employer financially — but it also affects your position significantly.

What changes for you

  • Salary continues for up to 52 extra weeks
  • Dismissal prohibition extended
  • WIA assessment postponed
  • Employer must repair reintegration efforts
  • Your negotiating position strengthens

Why a wage sanction strengthens your position

1

Continued income

Your salary continues at the same level as during the 104-week period. This gives you financial breathing room that you would not have if the employer had fulfilled its obligations properly.

2

Leverage in negotiations

A wage sanction costs the employer significant money. This often creates willingness to negotiate a settlement agreement with better terms than before. The employer wants the situation resolved — and that gives you bargaining power.

3

Employer must take action

UWV specifies what the employer must repair. This often means proper reintegration efforts that should have happened earlier. You have the right to genuine efforts, not paper-only compliance.

4

Extended protection

During the sanction period, the dismissal prohibition continues. Your employer cannot apply for a dismissal permit at UWV until the sanction period ends and reintegration is considered adequate.

FAQ

Can I influence whether my employer gets a wage sanction?

Indirectly, yes. If you have documented that your employer failed to provide adequate reintegration, this supports UWV's decision. Your own file — showing cooperation, written responses and evidence of the employer's inaction — can be decisive.

Does the wage sanction affect my WIA assessment?

Yes. Your WIA assessment is postponed until the sanction period ends. This means your WIA rights are delayed, which can be disadvantageous if you would have qualified for IVA (full disability benefit). On the other hand, you continue receiving your salary during this period.

Can my employer appeal the wage sanction?

Yes. The employer can file an objection with UWV within 6 weeks. During the objection procedure, the sanction remains in effect — your salary continues. If UWV upholds the sanction, the employer can appeal to the court.

Should I negotiate during the sanction period?

Often, yes. The sanction period is frequently the best moment to negotiate a settlement agreement. Your employer is paying your salary, cannot dismiss you, and has a financial incentive to reach a resolution. Use this leverage — but have the terms professionally assessed.

Legal guidance for employees on sick leave

MediRights helps employees who are stuck in an employment conflict due to illness. We guide cases with concrete legal steps.

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