Stalled reintegration or dispute with your employer? MediRights guides you through disputes about pace, content and implementation of the reintegration process.
Reintegration should be a joint process in which employer and employee work together on return to work. Reality is often different. It can happen that employers expect a faster pace than is medically responsible, make demands that don't match your limitations, or fail to follow the company doctor's advice.
Many reintegration processes are complicated by disputes between employer and employee. The causes are diverse: disagreement about the pace of building up hours, discussion about the content of work activities, or fundamental differences of opinion about what constitutes suitable work.
The Gatekeeper Improvement Act imposes obligations on both parties. You must actively participate in reintegration, but you don't have to accept unreasonable demands. The difference between cooperation and self-protection is not always clear. MediRights helps you determine that boundary.
A stalled reintegration has consequences. The UWV assesses after 104 weeks whether both parties have done enough. A negative assessment can lead to a salary sanction for the employer. In case of culpable insufficient cooperation by the employee, this can have consequences for the WIA benefit. Legal guidance ensures you don't unknowingly weaken your position.
Reintegration can take place with the current employer (track 1) or with another employer (track 2). The choice between these routes is often a source of conflicts.
Employers sometimes push for track 2 too quickly, while track 1 still offers possibilities. MediRights assesses whether the choice for track 2 is justified and whether your employer has sufficiently investigated whether return to the organization is possible.
In case of a stalemate, the UWV can provide an independent expert opinion. This opinion can tip the balance.
The UWV can give an opinion on: (1) whether you can work fully again, (2) whether offered work is suitable, (3) whether you are doing enough for reintegration, and (4) whether your employer is doing enough for reintegration.
An expert opinion costs EUR 100 for employees and EUR 400 for employers. The average processing time is 4 to 6 weeks. Both employee and employer can submit an application.
The expert opinion is formally advice, not a binding decision. In practice, however, courts attach great value to this opinion and it can carry more weight than the company doctor's assessment.
An expert opinion can strengthen your position, but also weaken it if the outcome is negative. MediRights advises on the right timing and formulation for an application.
Your employer wants you to work more hours than the company doctor advises. Or the company doctor himself advises a pace you cannot handle. You feel pressure to go along, but that could harm your recovery.
The work offered doesn't match your limitations. It's too physically demanding, too mentally stressful, or doesn't match your education and experience. You want to cooperate, but not at the expense of your health.
Your employer claims there is no suitable work available, while you believe there is. Or too little is being done to create suitable work through adjustments or redistribution of tasks.
Your employer wants to send you to an external reintegration agency, while you would rather reintegrate with your current employer. Track 2 feels like a first step towards dismissal.
You disagree with the content of the action plan. The goals are unrealistic, the timelines too ambitious, or insufficient account is taken of your limitations.
Your employer threatens salary suspension if you don't cooperate with reintegration. However, the dismissal prohibition applies during illness. We assess whether the threat is justified and what you can do.
We assess the action plan, company doctor reports, correspondence and all other relevant documents. Where is it stuck? Who is failing in their obligations?
We analyze whether the demands made on you match your medical situation. If necessary, we advise on obtaining a second opinion or expert opinion.
We help formulate your position and maintain contact with the employer on your behalf. A professional, legally substantiated approach often works better than emotional discussions.
If an expert opinion is strategically wise, we guide the application. We advise on the formulation and help provide relevant information to the UWV.
We push for adjustment of the action plan so that it matches your actual capacity. A realistic plan increases the chance of successful reintegration.
We assess whether your employer's threats are legally tenable. In case of unjustified salary sanctions, we take action to secure your salary.
After two years of illness, the UWV assesses whether both parties have done enough for reintegration. The consequences of a negative assessment are significant.
Have your file assessed and get clarity about your position. MediRights helps break the impasse.
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