Track 1 vs track 2: when which route?

Your employer says you need to start reintegrating externally. But are you really at that stage? The difference between track 1 and track 2 determines your rights, your obligations and your future position.

What track 1 and track 2 mean

Track 1 is reintegration within your current employer. This is the primary obligation: your employer must first explore whether you can return to your own position, an adapted version of it, or another suitable role within the organisation.

Track 2 is reintegration with a different employer. This becomes relevant when it is clear that return to your current employer is not realistic. In practice, UWV uses the first-year evaluation around week 52 as a key assessment moment.

The employer bears the burden of proof: they must demonstrate that track 1 was genuinely explored before starting track 2. Without this, UWV may impose a wage sanction — up to 52 weeks of additional salary payment.

Key questions

  • Has track 1 been genuinely attempted?
  • Is there an occupational health assessment supporting track 2?
  • Does the timing match your medical capacity?
  • Are evaluations documented in writing?
  • Is the track 2 plan concrete and personalised?

Risks of wrong timing

Starting too late

  • UWV concludes that reintegration efforts were insufficient — risk of wage sanction for employer (up to 52 extra weeks of salary).
  • The reintegration file is incomplete: no occupational health report, no track 2 plan.
  • Employer tries to "repair" the file retroactively with paper-only programmes that offer no real chance of placement.

Starting too early or without basis

  • Employer uses track 2 as pressure while track 1 has not been seriously explored.
  • Your medical capacity does not yet allow external activities.
  • The reintegration agency offers a standard programme that does not match your limitations or background.

Who decides what — and based on what?

Company doctor: determines your medical capacity and prognosis. If the company doctor advises that you cannot yet start external activities, that carries significant weight.

Occupational expert: assesses whether suitable positions exist within your employer. If the answer is no, the occupational expert provides the basis for why track 2 is necessary.

Employer: pays for track 2 and selects the reintegration agency. But the employer does not decide on your medical possibilities and may not force you into activities beyond your capacity.

UWV: assesses retroactively at the WIA application whether the timing and quality of track 2 were reasonable.

Employee: you must cooperate reasonably (art. 7:660a Dutch Civil Code), but you have the right to a programme that matches your limitations. Refusing without valid reason risks a salary stop.

FAQ

Can I refuse track 2?

You can refuse if track 1 has not been properly explored, if the programme does not match your medical capacity, or if the company doctor has not confirmed that external activities are appropriate. But do not refuse silently — respond in writing, explain your objections, and request a UWV expert opinion if necessary.

Is week 52 a hard deadline?

No. The first-year evaluation around week 52 is an assessment moment, not a start signal. If the medical prognosis is still uncertain at that point, it may be justified to delay track 2 — but this must be explicitly documented in the plan of action.

What if the track 2 programme is poor quality?

Document everything in writing. If the reintegration agency barely contacts you, offers a standard programme without customisation, or does not match your background — record this and report it to your employer. Poor quality track 2 can harm your reintegration file.

Can track 1 and track 2 run simultaneously?

Yes, and sometimes this is required. But it must be proportionate: the combination must not lead to overload that hinders your recovery. If it becomes too much, discuss this with the company doctor and document it in writing.

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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