Medical force majeure procedure (article 34)
If there is doubt about whether an employee is permanently unfit after long-term illness, the law provides a clear procedure.
The law provides a formal procedure for assessing whether an employee is permanently unfit for work. If this is the case, this can lead to termination of the employment contract.
Request more information.
Why choose the medical force majeure procedure (article 34)?
- provides clarity about whether or not a return to work is possible
- makes it possible to initiate a formal medical force majeure process where applicable
- a clear and legally established process
What is the medical force majeure procedure (article 34)?
This formal medical process is initiated when there is doubt as to whether an employee on long-term sick leave will still be able to perform their allotted tasks. More information about the conditions for and nature of this procedure can be found here.
Either you or your employee can initiate this procedure. This is done by sending a registered letter to the other party and to the occupational physician.
During the medical checkup, the occupational physician assesses whether the employee is permanently unfit for the agreed work. If this is the case, you can initiate a formal procedure to terminate the employment contract on the grounds of medical force majeure (in accordance with Article 34 of the employment contracts law).
How does Mensura help in practice?
Assessment of permanent unfitness for the agreed work: only the occupational physician can assess whether an employee is permanently unfit and whether reasonable modifications are possible.
Independent and expert advice: the occupational physician assesses the situation thoroughly and provides substantiated advice. This forms the legal basis for any decision on medical force majeure.
Supervision of correct application: Mensura ensures that the entire process is carried out in accordance with the law and without infringing the employee’s rights – because medical force majeure should not be invoked too quickly or incorrectly.
Frequently asked questions
When can a medical force majeure procedure be initiated?
Under these conditions:
Your employee has been unfit for work for an uninterrupted period of at least 6 months.
A reintegration process is not taking place for this employee.
Note: if an employee tries to resume work, but relapses within 14 days, this does not count as an interruption of the period of unfitness for work.
Within a successful and sustainable absenteeism policy, an investigation to determine permanent unfitness for the agreed work (art. 34) is always the last step.
Our working methods and prices reflect this. Therefore, we recommend that all steps towards reintegration are taken before proceeding with an investigation to determine permanent unfitness.
How can I initiate a medical force majeure procedure?
What if the employee fails to attend the examination of the medical force majeure procedure?
We will invite your employee a maximum of 3 times, with at least 14 days between each invitation.
If they fail to respond, it will not be possible to determine that they are permanently unfit for work, and the procedure will stop. The occupational physician will inform you of this.
What does my employee need to bring to the meeting with the occupational physician?
The employee must bring their medical records with recent reports on their condition.
The employee can download these from (Dutch) mijngezondheid.be or (French) masante.be or ask their doctor for them.
How does the occupational physician communicate the decision of the medical force majeure procedure?
Within 3 months of the request, the occupational physician will send their decision by registered letter. If the employee is found to be permanently unfit, the occupational physician will also inform the health insurance fund’s medical consultant.
Can my employee ask for modified or different work?
Yes, your employee can ask the occupational physician to look into whether different or modified work is possible.
Even if a decision of permanent unfitness is made, your employee still has seven calendar days to ask for modified or different work to be considered.
When can a medical force majeure procedure be initiated?
Under these conditions:
Your employee has been unfit for work for an uninterrupted period of at least 6 months.
A reintegration process is not taking place for this employee.
Note: if an employee tries to resume work, but relapses within 14 days, this does not count as an interruption of the period of unfitness for work.
Within a successful and sustainable absenteeism policy, an investigation to determine permanent unfitness for the agreed work (art. 34) is always the last step.
Our working methods and prices reflect this. Therefore, we recommend that all steps towards reintegration are taken before proceeding with an investigation to determine permanent unfitness.
How can I initiate a medical force majeure procedure?
What if the employee fails to attend the examination of the medical force majeure procedure?
We will invite your employee a maximum of 3 times, with at least 14 days between each invitation.
If they fail to respond, it will not be possible to determine that they are permanently unfit for work, and the procedure will stop. The occupational physician will inform you of this.
What does my employee need to bring to the meeting with the occupational physician?
The employee must bring their medical records with recent reports on their condition.
The employee can download these from (Dutch) mijngezondheid.be or (French) masante.be or ask their doctor for them.
How does the occupational physician communicate the decision of the medical force majeure procedure?
Within 3 months of the request, the occupational physician will send their decision by registered letter. If the employee is found to be permanently unfit, the occupational physician will also inform the health insurance fund’s medical consultant.
Can my employee ask for modified or different work?
Yes, your employee can ask the occupational physician to look into whether different or modified work is possible.
Even if a decision of permanent unfitness is made, your employee still has seven calendar days to ask for modified or different work to be considered.
Mensura helps you
Mensura offers a variety of products and services to boost well-being and health and safety in your organisation. From the legally required to the incredibly useful.