Employers may soon have more clarity about whether they are doing enough to reintegrate sick employees. On 20 October 2025, the draft bill ‘Amendment to the assessment of reintegration efforts and WIA advance payment scheme’ was submitted for consultation. This bill aims to end the uncertainty that employers currently often experience when their reintegration efforts are assessed by the UWV.
Leading role for the opinion of the company doctor
At present, it is possible for an employer who has acted entirely in accordance with the advice of the company doctor to still be imposed a wage penalty by the UWV. This is because, in the so-called RIV assessment, an insurance doctor from the UWV may judge that the company doctor has overestimated or underestimated the employee's capacity for work, with all the consequences that entails. According to the government, this is beyond the employer's control and it is not reasonable for the employer to bear the brunt of this.
The bill therefore stipulates that the advice of the company doctor will be decisive in the UWV's assessment of the reintegration efforts. This means that, as long as the employer carefully follows the advice of the company doctor, they will no longer run the risk of a wage penalty due to a difference of opinion between the company doctor and the insurance doctor.
Greater clarity for employees too
Although the bill is primarily intended to offer employers greater certainty, employees also have an interest in this change. The leading role of the company doctor creates greater predictability about the course of the reintegration process. Employees will therefore have a better idea of where they stand, because their recovery and reintegration advice from the company doctor cannot be questioned retrospectively by the UWV. This contributes to greater peace of mind, clarity and, hopefully, mutual trust between employer and employee during the reintegration process.
Legal anchoring of the WIA advance payment scheme
The bill also contains a second amendment: the legal anchoring of the current “remission policy” for WIA advances. At present, the UWV has a policy rule under which WIA advances are waived in certain cases if it subsequently transpires that an employee was not entitled to WIA benefits. This policy will now be given a legal basis, which will increase legal certainty for employees.
Internet consultation
The bill is currently available for internet consultation, which will run until 17 November 2025. Employers, employees and other stakeholders can submit their views until that date.
The full draft bill and the explanatory memorandum can be consulted on the official consultation page:
Conclusion
This bill aims to take an important step towards greater predictability and legal certainty in the reintegration process. For employers, this means that — as long as they carefully follow the advice of the company doctor — they no longer need to fear a wage penalty as a result of a difference in medical opinion between experts. Employees will also have more certainty during their recovery and reintegration, which will contribute to a more balanced process for both parties.
As you know, the employment law lawyers at SPEE lawyers & mediation have many years of experience and expertise in advising on issues relating to illness, reintegration, labour disputes and related employment law issues, and we are happy to be your expert point of contact.