Long-term sick employee back to work: through an (in)formal reintegration process and a return-to-work medical examination?
As an employer, you are not always required to initiate a reintegration programme for employees on long-term sick leave. There are often other ways to facilitate the return to work of long-term absentees. Annelies Feytons, corporate lawyer at Mensura, explains.
The common thread in reintegration is maintaining contact with the long-term sick employee. Initially, this can be done by maintaining regular contact with the employee in question, particularly during the first six months of their absence from work.
By regularly keeping in touch with employees on long-term sick leave, employers can gain insight in the progress of their recovery. This contact moment must under no circumstances be a check on the reason for the illness. If your employee indicates that their health condition is evolving positively but that they are not yet fully recovered, it is useful to examine whether an adaptation of the work is feasible.
Different exams by the occupational health physician
Visit before returning to work
If your employee is open to returning to work, you as an employer can remind them during a contact that they are entitled to a pre-return-to-work medical examination. The prevention advisor/occupational health physician (abbreviated PA-OHP) will then determine whether or not the employee in question is capable of resuming their work (possibly through restricted duties).
The good thing about undergoing this is that the exam can be completed within the employee’s sick leave period. This allows the employer enough time to make any necessary changes to the workstation of the employee prior to their expected return. Recommendations issued during a pre-resumption visit are not binding.Starting a reintegration process
Both you and your employee can initiate a from the first day of absence, provided the employee gives their consent or if the employee has been unfit for work for at least 8 weeks and has received a positive assessment of their work potential.Assessing work potential
involves evaluating the presumed ability of an employee who is unfit for work to perform adapted or alternative work. This assessment is based on information about both the employee’s health condition and their capabilities. The purpose of this assessment is to determine whether some form of reintegration is possible. This step can be considered a preliminary “triage”. The assessment is based on a scientifically validated questionnaire completed by the employee (possibly accompanied by a telephone consultation with a nurse). The assessment of work potential is requested by the employer for all employees who have been unfit for work for more than 8 weeks. The result is provided to both the employer and the employee. If the assessment of work potential is positive, the employer may initiate an informal or formal reintegration process. Employers who employ 20 or more employees are, in that case, additionally required to initiate a reintegration process no later than 6 months after the start of the incapacity for work. Failure to comply with this obligation may result in sanctions.Return-to-work medical exam
If your employee is going back to work sooner than originally planned? Then this medical exam is mandatory for all employees who are subject to a medical monitoring programme and who have been absent from work for four or more weeks due to illness or an accident. It might also be applicable for absence under 4 weeks, but online if the PA-OHP decides it's needed. This is however not possible for employees who are not subject to a medical monitoring programme.
The advice offered by the PA-OHP - after looking at the various options for the employee who will be returning to work - is not binding.
The must be completed within ten business days from the day of the employee’s return to work. For any decision of temporary or permanent incapacity, a reintegration plan (or a reasoned report) must be drawn up in accordance with the legislation on reintegration.