Cross-border workers on long-term leave returning to work: rules or obstacles?
A cross-border worker lives in Belgium or Germany and works in the Netherlands. The worker becomes incapacitated and cannot work. Which country's medical specialist decides if the worker is able to work? Can a Dutch employer ask their employee to come to the Netherlands for a meeting with the company doctor or to take part in return-to-work activities?
In these situations, Dutch employment law and European Union (EU) social security rules both apply. This can cause confusion. Court decisions do not always give a clear answer either.
In October 2025, Marije van der Tol wrote an article in the trade journal Grensoverschrijdend werken. The article explains the main legal issues about helping cross-border worker who live in Belgium or Germany and work in the Netherlands return to work after being incapacitated. It looks at the role of the medical specialist in the worker's country of residence, the options available to employers for assessing incapacity for work and returning to work and when a worker must take part in return-to-work activities in the Netherlands.
