New coalition agreement = new absenteeism measures

Arizona: focus on employees with a long-term illness

Belgium faces a major challenge when it comes to the affordability and quality of the social system. The figures don’t lie:

• The cost of our social system will rise 23% to €198 billion by 2029;

• At 72.1%, the employment rate in our country lags behind the EU average of 75.4%;

• Our country has more than 500,000 employees with a long-term illness – a number that continues to grow;

• 1 in 10 employees is currently 60 or older – that is 60% more than in 2019.

To take the employment rate towards 80% and keep the social system sustainable, the new Arizona government is committed to a comprehensive plan for prevention and reintegration long-term absenteeism due to illness.

Three main pillars, six actors involved

The new policy on long-term absenteeism due to illness rests on three pillars, which are monitored via the Back to Work Barometer.

1. Preventing people from getting sick

2. Preventing people with health problems from having to stop working

3. Quickly helping people who have to stop working get back to work (part-time), and supporting people who are seriously ill in their reintegration

To make this approach successful, cooperation is essential. Six players are involved: you as the employer, your employees, the treating physician, the health insurance provider, the regional employment service, and your external service for prevention and protection at work (ESPPW, such as Mensura). Below, we zoom in specifically on the changing responsibilities of the employer and the employee.

Employers: pursue an active absenteeism policy

For employers, the implementation of an active absenteeism policy is enshrined in the Well-being at Work Act and the Employment Regulations Act. What exactly does that entail?

• First, see if it’s possible for the employee to return within your company, but also explore opportunities with other employers.

• Has your employee been unfit for work for eight weeks? In that case, as an employer, you must ask the external service for prevention and protection at work to assess the employee’s labour potential. If the result is positive, you must begin a reintegration process within six months from the date the illness started.

• If no process has been initiated after six months, you could face a sanction. This can only happen if you have more than 20 employees and it turns out that the sick employee can still work.

• The medical force majeure grace period will be reduced from nine to six months.

You may start a reintegration process as early as day 1, as long as the employee agrees.

Note: if your employee has to stop working, they are entitled to guaranteed pay for a certain period of time. When that period comes to an end, as an employer, you have to pay 30% of the NIHDI benefit for two months. This does not apply to SMEs.

Employees: active cooperation in reintegration

As an employer, what should you expect from your employee?

• If your employee is on long-term leave due to illness, this colleague’s labour potential is regularly assessed by the NIHDI. If it turns out the colleague can work and there is no employment contract, the employee is required to register with the regional employment service.
  
  

• If your employee is sick for over a year, then a regular assessment must reveal whether that employee can still work. If that is the case, they are required to follow a reintegration process.

  • If the employee fails to meet administrative obligations, then their benefit is reduced by 10%.

  • If the employee doesn’t appear at the occupational physician or consulting physician’s office without a valid reason, then the right to financial benefits is suspended.

  • If the employee doesn’t meet with the Back to Work coordinator or employment service mediator, then their benefit is reduced by 10%.
    
    

• If your employee is afraid they may have to stop working, then they can register for a preventive reintegration process. However, as an employer, you are not obliged to actually initiate this process.

If your employee expresses their own desire to return to work, then the treating physician or occupational physician can admit them. However, the consulting physician must be informed of this immediately.

What does your ESPPW do?

Mensura helps you invest in the well-being of your employees; mental health, ergonomics, occupational hygiene, etc. We provide preventive support to avoid absenteeism through risk analyses, training or spontaneous consultations. If one of your employees is absent long-term due to illness, we provide support from day 1. We also help you follow up on the associated reintegration process, such as contacting the sick employee (mandatory from the 4th week) and assessing their labour potential (from the 8th week).

Our advice: start now (with three concrete tips)

With stricter regulations looming, it’s smart to scrutinise your policies now. Don’t wait for the obligations to come into effect, but make sure your organisation is ready and your employees can reintegrate efficiently and pleasantly. These three concrete steps will help you set the right course.

• Evaluate your absenteeism policy. Does your organisation have a clear plan for absences due to illness and reintegration? Don’t forget to formulate a collective reintegration policy and evaluate it on an annual basis.
  
  

• As an employer, substantiate what you undertake in terms of absenteeism and reintegration. Identify the reintegration opportunities that exist and how effective your efforts are. For example, identify the load per workplace, see where adapted work is possible, track your absenteeism figures to detect patterns, etc.
  
  

• Commit to informal reintegration. Engage with employees with a long-term illness as soon as possible and work together on a plan for their (partial) return.