Collective reintegration policy: frequently asked questions

My organisation does not have a Committee for Prevention and Protection at Work. How should I develop a collective reintegration policy?

In organisations that do not have a Committee, the policy is directly developed with the trade union delegation. You can enter into direct dialogue with the employees as an employer, in case no trade delegation exists.

Is progressive employment an example of modified work and therefore of reintegration? And is there a maximum time limit for the same?

Progressive work resumption is indeed a form of reintegration: an employee resumes part-time or other work after an extended period of disability.

The employer and employee may mutually agree on the progressive employment of the employee or as part of a reintegration process. In this connection, the steps and duration thereof should be properly defined. As an employer, it is best to develop a collective reintegration policy in advance that specifies whether or not modified work is possible, for instance in terms of duration of such work (which you can determine yourself as employer), or in terms of modified tasks.

An employee can start a reintegration process sooner, regardless of the duration of his work disability. This can therefore be done during the first month of disability itself (the period of guaranteed pay), starting from one day of illness.

The employer and employee can also jointly make arrangements during the period of guaranteed pay. This should be done without pressure and in consultation with the employee. Always encourage employees to discuss employability with their occupational physician or treating physician.

The occupational physician does not always come into the picture in case there are no employees who are 'subjected' to periodic medical surveillance. In that case, how can we rely on his advice?

That’s correct. The employer must report every employee (irrespective of whether or not they undergo such periodic medical surveillance) to its external service for prevention and protection at work after a four-week period of illness. Thereafter, the occupational physician shall send the employee a letter providing information concerning work resumption options, such as a visit prior to work resumption or formal reintegration procedure.

Following complete disability for at least one day, an employee can temporarily perform other work or modified work on a voluntary basis. However, this will require the consent of the employer and the medical expert of the health insurance fund. The employee must report the (part-time) resumption to his/her health insurance fund at the latest on the day preceding the work resumption, and request permission from the medical expert of the health insurance fund. Thus, the employee may resume work before the decision of the medical expert of the health insurance fund physician has been obtained and communicated. This shall also apply during the period of guaranteed pay.

Formal reintegration shall be reported on Mensura's activity report. What about the informal ones?

The informal visit prior to work resumption is also included in the activity report.

Who shall discuss the activity report before the Committee: the employer or the occupational physician?

The employer shall develop and evaluate a collective reintegration policy in consultation with the Committee for Prevention and Protection at Work on a regular basis. This must be done at least once a year and always in the presence of the prevention adviser-occupational physician (and other competent prevention advisers, wherever applicable). If there is no committee, this shall be done with the trade union delegation, and failing that, directly with the employees (in accordance with the cascade stipulated in the Wellbeing Act).

To assist the committee in this context, the Codex stipulates that several documents must be submitted:

  • a quantitative and qualitative report drawn up by the prevention adviser-occupational physician
  • a report prepared by the employer containing the globalised and anonymised elements from the reintegration plans and from the reasoned reports.

Is it best for an employee to make a reintegration request in writing?

It should indeed be requested in writing.

How can you guarantee anonymity when there is only one reintegration plan or when it relates to a specific job?

The employer's report should cover at least the following elements:

  • the steps taken by the employer to find modified work or other work for the employee, or to modify the work station
  • or the reasons why, if applicable, no reintegration plan could be drawn up or an offered plan was refused.

The employer and the prevention adviser-occupational physician shall ensure that it is not possible to identify individual employees from the documents they submit to the Committee. For example, depending on the size of the organisation, it may be communicated that one reintegration was successfully completed through workplace modification. This is anonymous and does not mention any medical information.

It is intended to evaluate the soundness of the policy, the communication concerning the same, or the provision of information, or whether the same requires modification. Use neutral terms and primarily describe the process and improvements. In case of a very small organisation in which everyone knows who it relates to, be extra vigilant and only talk about your policy and possible modifications. For example: 'Based on the only reintegration we have had, it appears that it is best to modify the policy with regard to the following aspect: …’

Are there samples of draft reports that the employer should prepare?

There is no format established by the government to which the report must conform. However, the content elements are established (see answer to Question 8). Mensura will still develop a format and make it available to clients via MyMensura.

Who should take the initiative to develop the reintegration policy in the company? Is it the prevention adviser or rather HR?

Both are possible. We recommend the setting up of a steering committee, particularly in large organisations.

What is the difference between formal and informal reintegration?

Formal reintegration is the reintegration process as described in the RD Reintegration of incapacitated employees. Its procedures are laid down in a chapter on work resumption (Book I, Title 4, Chapter VI) of the Codex.

But there are also other avenues for work resumption (or ensuring the work resumption) after a period of disability. Employees can also contact the employer informally and see if and how work resumption can be set up. Or they can request a visit by the prevention adviser-occupational physician prior to work resumption. Those informal procedures are less onerous and can be a good alternative to the formal reintegration procedure.