What do the new reintegration rules mean for employees?
The new rules introduced by Royal Decree Reintegration 3.0 are designed to ensure that all parties involved – employers, employees, doctors, and health insurance funds – fulfil their responsibilities. If they do not, sanctions may be imposed. What does this mean for employees with a long-term illness or who are unfit for work?
Participation in a reintegration process will become less optional. Those who do not respond to concrete invitations will lose part of their benefits.
Employees will be required to:
Respond to the occupational physician’s invitation to have their work potential assessed and to determine whether reintegration is possible
If the occupational physician invites an employee with a long-term illness for an examination to evaluate whether reintegration is feasible – possibly with modified work – the employee must comply.
What happens if an employee does not comply?
1st absence (no-show): warning.
2nd absence: suspension of benefits from that date until the employee makes contact again.
3rd absence: suspension of benefits from that date until physical contact or the first ‘Return-to-Work’ (RTW) contact moment actually takes place.Respond to invitations from the advising physician of the health insurance fund
They must also provide the necessary information regarding their absence (medical information, work history, etc.).
Why?
The advising physician will assess the incapacity for work. Together with the employee, they determine the next steps. Based on the employee’s health condition and the expected evolution, the advising physician decides whether to extend the sickness benefit.
What happens if an employee does not comply?
If the employee is absent without a valid reason from mandatory in-person appointments (with the advising physician, occupational physician, or regional service), they lose their benefits entirely.Respond to invitations from the Return-to-Work Coordinator
This person supports employees with a long-term illness in returning to the workplace.
What happens if an employee does not comply?
First absence without valid reason: warning only (no financial penalty).
Second absence: 10% reduction of the daily allowance (remains in effect until the employee makes contact to arrange a new appointment).
Third absence: a further 10% reduction from that date until the actual contact moment takes place.What are the financial implications for employees?
During the first month of illness, an employee receives the guaranteed wage, paid by the employer. After that, the employee with a long-term illness falls back on sickness benefits. In the second and third month, 30% of that benefit is reimbursed by the employer through the solidarity contribution.
Reintegration is not always successful. If an employee relapses, they are only entitled to a guaranteed wage after having returned to work for eight weeks. In the case of a partial return to work, the employee is no longer entitled to a guaranteed wage but does continue to receive a sickness benefit.
Full return to work
Partial return to work
Wages
Normal wages paid by the employer
Wages for modified work
Relapse within eight
weeks after returning to workNo guaranteed wage
No guaranteed wage
Relapse after
eight weeksGuaranteed wage applies
No guaranteed wage
Fully cooperating in sustainable reintegration is therefore the best option for both employees and employers.