Wet verbetering Poortwachter: the complete timeline for small employers
The majority of small employers discover the week 42 report in the worst possible way: at the moment the UWV points it out to them afterwards. It turns out they should have done something months ago, and now they have to continue paying salary for an extra year. Something you don't want as a small business, and maybe didn't even know about.
The Wet verbetering Poortwachter imposes a series of obligations on you as an employer as soon as someone is long-term absent. Deadlines come into play that are months later, and that you can easily forget when you do HR alongside everything else. In this article, we discuss the concrete steps.
Wet verbetering Poortwachter: the step-by-step plan
Day 1 — Register the first sick day As soon as an employee reports sick, you record the first sick day. It sounds simple, but it is the basis for all the deadlines that follow. You don't have to call the occupational health service or company doctor on day one, but make sure the date is properly recorded. If the illness lasts longer, everything is calculated from that.
Week 6 — Problem analysis The company doctor maps out what the limitations are, what the employee can still do, and how long recovery is likely to take. This document is the basis for everything that follows.
Week 8 — Action plan Employer and employee draw up a plan together: what are the reintegration goals, what adjustments are needed, what does the return look like? You record this plan in writing.
In between — Evaluations Every four to six weeks you discuss the progress. What is going well, what is not, does the plan need to be adjusted? You document everything, the UWV may ask about this later.
Week 42 — Report to the UWV This is the deadline that is most often missed. After 42 weeks of long-term illness you are obliged to report this to the UWV. Reporting too late almost automatically leads to a wage sanction.
Week 52 — First-year evaluation One year after the first sick day you evaluate together with the employee how the reintegration has gone and what the plans are for the second year.
Week 88 — Preparation WIA If the employee still cannot work after nearly two years, the preparation for a WIA application begins. Employer and employee make a final evaluation, and by week 93 at the latest the employee applies for the benefit.
Year 2 — End of salary continuation obligation After two years of illness, your obligation to continue paying salary generally ends. But only if you have followed all the steps correctly.
Why small employers miss this
Someone reports sick, you wish them a speedy recovery, and you continue with the rest of your work. That the occupational health service with which you once had a contract has meanwhile changed names three times, you didn't notice. That something needs to be reported to the UWV in week 42, you also didn't know. And that you may have to pay an extra year's salary for that missed moment, that comes as a complete surprise.
Small employers don't need more information, but a system that keeps track of what needs to be done when. Clear and without jargon, so you don't have to think about it.
How Heartsome keeps track of this
In Heartsome you see per sick employee exactly where you stand in the absence process, which actions are needed when, and when a deadline is approaching.
As soon as someone reports sick, Heartsome keeps track of the days. After two weeks you automatically receive a notification: the illness is now considered long-term, including the follow-up steps. From that moment on, you see in the tool a complete overview of all deadlines, with reminders before a term expires, not after.
You don't have to keep track of it yourself. Heartsome keeps track of everything for you.
Frequently Asked Questions
Does the Wet verbetering Poortwachter also apply to small businesses? |
Yes. The law applies to all employers in the Netherlands, regardless of size or legal form. Even if you have two employees.
What happens if I miss a deadline?
The UWV can force you to continue paying salary for up to 52 extra weeks. The week 42 report is the most critical here: it is most often missed and almost automatically leads to a sanction if you are late.
Someone reports better, but becomes sick again within 4 weeks. What then?
Then the illness is counted as one continuous absence trajectory. The Poortwachter clock continues to run, and you don't start again at day 1. This is also called the samentelregel or relapse rule.
Do I need an occupational health service?
Yes, as an employer you are obliged to have a contract with a certified occupational health service or company doctor. You arrange this separately from Heartsome.
What if the employee reports better before week 42?
Then the obligation for the steps that were not yet due lapses. But do record everything, in case the employee becomes absent again later.
Does this also work for foundations and non-profits?
Yes, the law also applies to foundations. We have written a separate article specifically for that situation: Sickness absence in a foundation: steps you must not miss →
How do I use Heartsome for sickness absence?
You report the employee sick in Heartsome (or the employee reports themselves sick, depending on your settings), and the tool automatically calculates all follow-up deadlines and sends you reminders.
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