Return to Work Obligations in the Netherlands

Eva Jongepier - employment lawyer in the Netherlands
April 23rd, 2026

Return to Work (Werkhervatting) Obligations in the Netherlands

The Dutch reintegration framework under the Wet verbetering poortwachter (Gatekeeper Improvement Act) places significant obligations on both employer and employee regarding the employee's return to work during and after a sick leave period. Werkhervatting - the resumption of work - is not simply a question of the employee recovering and showing up: it is a structured legal process with defined obligations, timelines, and consequences for non-compliance on either side.

The employer's primary obligation in this context is to offer the sick employee passende arbeid (suitable work) as soon as the bedrijfsarts (company doctor) indicates that the employee has any residual work capacity, even partial. Suitable work is work that the employee is medically capable of performing and that does not worsen their health, even if it is outside their normal duties or at a lower level. The employer must actively seek out such work within the organisation (spoor 1) before considering external placement (spoor 2).

Employee Obligations on Return to Work

The employee must cooperate with the reintegration plan and perform suitable work offered by the employer.
The employee must attend all appointments with the bedrijfsarts and participate in rehabilitation or training programmes.
The employee must build up working hours in accordance with a graduated return schedule if medically indicated.
The employee must notify the employer promptly of any change in their medical condition that affects their ability to work.

Consequences of refusal under Dutch employment law

An employee who refuses suitable work without valid medical grounds or who obstructs return to work may have sick pay suspended under Article 7:629(3) of the Dutch Civil Code. Before suspension, the employer must warn in writing and give an opportunity to comply. An employer who fails to offer suitable work or who creates an unnecessarily hostile return-to-work environment may face a loonsanctie from the UWV or a claim for constructive dismissal. For related guidance, see reintegration obligations, the company doctor, and reasonable accommodation. An employment lawyer in the Netherlands can advise when disputes arise.

Article 7:660a of the Dutch Civil Code obliges the partially ill employee to cooperate with reintegration attempts and to perform suitable work; failure to cooperate causes loss of entitlement to sick pay and protection against dismissal. The three statutory exceptions under which sick pay may be withheld are: where the illness was caused by the employee's own intent; where the employee fails without good reason to perform suitable work or to cooperate with reintegration; and where the employee refuses to cooperate in drawing up a return-to-work action plan (Article 7:629(3) of the Dutch Civil Code).

Frequently Asked Questions

Can an employer require an employee to return to work before they feel ready?

The employer cannot override the bedrijfsarts assessment. If the bedrijfsarts finds the employee has partial capacity, the employer can require them to perform suitable work accordingly. If the employee disagrees with the bedrijfsarts, they should request a second opinion or UWV deskundigenoordeel before refusing work. Simply refusing to work because they do not feel ready - without medical backing - risks wage suspension.

What is 'suitable work' (passende arbeid) in the context of sick leave?

Suitable work is work that the employee can medically perform without detriment to their recovery, taking into account the functional limitations set out in the bedrijfsarts advice. It need not match the employee's qualifications, seniority, or original salary. Temporary reduction in pay during a graduated return is usually acceptable. However, if the employer insists on permanent performance of lower-level work as a condition of return, this may constitute unlawful demotion.

Must the employer create a new role if no suitable work exists within the organisation?

The employer is not required to create an artificial position, but must make genuine efforts to find or reorganise existing work to accommodate the employee's limitations. If no suitable spoor 1 work genuinely exists, the employer must move to spoor 2 reintegration and actively support the employee in finding work with another employer, including engaging a re-integration company at the employer's cost.

What happens if an employee returns to work but then relapses?

A relapse within four weeks of return is treated as a continuation of the original sick period, and the sick pay and reintegration obligations resume without resetting the 104-week clock. A relapse after more than four weeks triggers a fresh sick period with a new 104-week entitlement. The employer must re-engage the bedrijfsarts and restart the Wet verbetering poortwachter process from the beginning for the new sick period.