First-year evaluation and wage sanction in the Netherlands

If an employee has been sick for almost a year, you sit down together to discuss how the reintegration has gone and what needs to happen in the coming year. That's the first-year evaluation (eerstejaarsevaluatie), by week 52 at the latest. The UWV (the Dutch employee insurance agency) looks at it later, when the employee applies for a WIA benefit (the Dutch long-term disability benefit). If the evaluation is missing, or you didn't do enough, the UWV can impose a wage sanction (loonsanctie): you then keep paying salary for up to 52 more weeks. Below you'll find what goes into the evaluation, how the UWV assesses it, and what you can do if you get a wage sanction anyway.

When does the first-year evaluation have to happen?

At the end of the first year of sickness. That's in the Regeling procesgang eerste en tweede ziektejaar, the regulation under the Wet verbetering Poortwachter. You already evaluate the action plan regularly, at least every six weeks, but at the end of the first year an evaluation is mandatory.

Work it out like the other deadlines: first day of sickness + 52 weeks. If someone has been sick since 13 April 2026, week 52 falls on 12 April 2027.

You don't have to wait until the last day. Some employers plan the meeting a few weeks earlier, so there's time to adjust the agreements. Where the evaluation fits in the whole process is in the complete Poortwachter timeline.

What do you discuss in the first-year evaluation?

You do the evaluation together with the employee. You look back and ahead:

• Looking back: which agreements from the action plan were kept, and what has been achieved?

• Current situation: what can the employee do now, according to the company doctor's latest advice?

• Looking ahead: what's the goal for the second year of sickness, and what will you do to reach it?

• Both views: what does the employee think of the agreements, and what do you think?

If the agreements change, you write down the new ones and update the action plan. If they stay the same, you record that too.

Here too: no medical information. Write "can do 4 hours a day of seated work", not the diagnosis.

What if a return within your own business isn't working?

Then you look further. According to the UWV, employer and employee have to search intensively for other options if it isn't clear how the employee will return within your business. First within your business, such as different work or another role. If that doesn't work, with another employer. This is called the second track (tweede spoor).

For the second track, you can bring in a reintegration company (re-integratiebedrijf) or your occupational health service. Record why you're choosing it, who's supporting it and which steps are planned.

Does the first-year evaluation have to be in writing?

Yes. The UWV has a form for it, (Eerstejaars)evaluatie (in Dutch), but your own document is fine too, as long as it covers all the parts. The UWV assumes a completed and signed form: you and the employee both sign, and the employee gets a copy.

The evaluation becomes part of the reintegration report (re-integratieverslag). The employee later sends that report along with the WIA application.

Example first-year evaluation

Copy this and fill in the [brackets].

First-year reintegration evaluation

Employee: [name] · Role: [role] · First day of sickness: [date]

Date of evaluation: [date] · Case manager: [name] · Company doctor/occupational health service: [name]

1. Looking back. In the action plan of [date], we agreed: [short summary]. What happened: [what did and didn't work].

2. Current situation. According to the company doctor's advice of [date], [name] can [capabilities in terms of work, without medical information].

3. Goal for the second year of sickness. [Return to own job / adjusted work / other work at [company name] / work with another employer (second track)].

4. Agreements.

• [Agreement], by [date] at the latest, arranged by [name].

• [Reintegration company for the second track], starting [date].

5. Employee's view. [What the employee thinks of the agreements.]

6. Employer's view. [What you think of the agreements.]

7. Next evaluation. [date, within 6 weeks].

Copy to: employee, case manager, company doctor.

Employer's signature: ______ · Employee's signature: ______

What is a wage sanction?

A wage sanction means the UWV extends the period in which you keep paying salary. Normally, sick pay stops after 104 weeks. With a wage sanction, you pay for up to 52 more weeks. During that period, you can't dismiss the employee.

The UWV imposes a wage sanction if it finds you did too little for the reintegration without a good reason. It isn't a fine, but an extension: you get the time to still do what was missing.

When does the UWV assess the reintegration?

When the employee applies for a WIA benefit. Around week 88, the employee gets a letter about it from the UWV, and by week 93 at the latest the application must be in, with the reintegration report attached. The UWV then reads the whole file: the problem analysis, the action plan, the evaluations, the first-year evaluation and the final evaluation with the company doctor's current assessment (actueel oordeel).

For the 13 April 2026 example: week 88 falls on 20 December 2027, week 93 on 24 January 2028.

What leads to a wage sanction?

Usually steps that are missing or late. For example:

• no problem analysis or action plan, or a late one;

• no first-year evaluation, or one that isn't in writing;

• no or too few evaluations in between;

• no second track, while a return within your own business wasn't in sight;

• suitable work within your own business that wasn't offered;

• an incomplete reintegration report.

A late sick report to the UWV in week 42 is something else: that leads to a fine, not a wage sanction.

What can you do if you get a wage sanction?

You have three options:

• Fix the shortcoming. Do what was missing, for example start a second track. Then tell the UWV you've fixed it. This is called a request to shorten the sanction (bekortingsverzoek). You upload it in the employer portal under "Uploaden RIV-documenten", or send it by post. Describe per part what you've done.

• Wait for the decision. The UWV decides within three weeks whether the reintegration is now sufficient. If it is, the wage sanction ends six weeks after that decision. It never lasts longer than 52 weeks.

• Object. If you disagree with the wage sanction, you can file an objection (bezwaar). The employee can too.

If the employee left your employment while sick, they get a Sickness Benefits Act benefit (Ziektewet-uitkering) from the UWV. If you did too little for the reintegration, you have to pay that benefit back, for the period the UWV sets.

How do you avoid a wage sanction?

By doing everything on time and keeping a record:

• Track every deadline, from the first day of sickness.

• Write a short report of every meeting, even if nothing changes.

• Not sure you're doing enough, or do you disagree? You or the employee can request an expert opinion (deskundigenoordeel) from the UWV. It's advice, but the UWV does take it into account later.

• Keep everything in one place, so the reintegration report is complete when it's needed.

How Heartsome helps

As soon as you record a sick report in Heartsome, Heartsome calculates every Poortwachter deadline from the first day of sickness: week 6, week 8, week 42, week 52 and on up to and including week 104. You see them on a timeline and get a notification before a deadline passes.

You store the evaluation reports, the first-year evaluation and the company doctor's advice in the employee's profile. Those documents are only visible to HR admins, not to managers. That way you have everything together when the UWV asks for it. See all Heartsome features.

Frequently asked questions

When does the first-year evaluation have to take place? At the end of the first year of sickness, so by week 52 at the latest.

Does the employee have to sign the first-year evaluation? The UWV assumes a form signed by employer and employee. The employee gets a copy.

How long does a wage sanction last? Up to 52 weeks on top of the 104 weeks of sick pay.

Can a wage sanction be shortened? Yes. If you fix the shortcoming and tell the UWV, it decides within three weeks. If the fix is sufficient, the sanction ends six weeks later.

Can I dismiss an employee during a wage sanction? No, a dismissal ban applies during the wage sanction.

Do I get a wage sanction if I file the week-42 report late? No, that leads to a fine. A wage sanction is about the reintegration as a whole.

The rules on sickness absence can change. This article gives a general picture based on current Dutch law and is not legal advice. If in doubt, always consult an employment lawyer or HR adviser.

Sources

• Regeling procesgang eerste en tweede ziektejaar, articles 4 and 6 (in Dutch)

• Wet WIA, article 25 (extension of sick pay) (in Dutch)

• UWV: Eerstejaarsevaluatie (in Dutch)

• UWV: Verplicht loon doorbetalen (in Dutch)

• UWV: Deskundigenoordeel (in Dutch)