Rehabilitation, COVID-19 And Wage Payment Rules

Restrictive COVID-19 measures are affecting the evaluation of employers' rehabilitation efforts. Under Dutch law, an employer is obligated to continue paying the salary of an employee who is on leave because of an illness for the first two years of the illness. During this two-year period, the employer cannot dismiss the employee unless there are reasons that have nothing to do with the employee's illness, such as fraudulent behavior, theft, closure of the company, etc. During this time, the employer must undertake all reasonable efforts to ensure that the employee returns to work. The primary goal is to have the employee return to the same job, with accommodations if needed. If that is not possible, the employer should strive to have the employee return to another suitable position within the company. These actions are within the so-called "first track" (in Dutch: eerste spoor) of the rehabilitation process. If that is not possible, the employer should seek an