The new rules under the Royal Decree on reintegration

• Formal procedure for reintegrating employees after a long-term absence due to illness.
• Various parties are involved in the process. The occupational physician determines whether, when and how an employee can resume the agreed work or whether other or adapted work is necessary (permanently or temporarily). 
• The employer and employee are required to cooperate.  
• An employee can object to a decision about incapacity for work. 

• The employee is no longer able to perform the work on a temporary or permanent basis.
• During the period of incapacity for work.
• If the workplace accident insurer or occupational illness insurer does not expect any improvement in the health situation in the short term (consolidation report).

1. Reintegration process request 
   • Can be submitted by the employer, employee or the employee’s treating physician (with his or her consent). 
   • No longer submitted by the consulting doctor from the health insurance fund. 
      
2. Amended deadlines (from the day AFTER receipt of the form) 
   • Reintegration process: can be initiated by the employer after three months of continuous absence (instead of after four months).
   • Reintegration assessment by the occupational physician must take place within 49 calendar days (instead of after 40 working days).
   • Reintegration plan from the employer.
     • Decision A: must take place within 63 calendar days (instead of after 55 working days).
     • Decision B: must take place within six months (instead of 12 months).
     • The employee has 14 calendar days after receiving the form to accept it (instead of five days).
   • Appeal procedure: 21 calendar days after receipt of the form with a reintegration assessment (instead of seven working days).
      
3. Simplification of reintegration assessment 
   • From five to three possible outcomes.
   • Can the agreed work be resumed? Yes / No / Indeterminate.
   • Indeterminate (Decision C): a new reintegration process can be started after three months at the earliest.
      
4. Strengthening the collective reintegration policy
   • ​​All organisations are required to formulate a collective reintegration policy 
      
5. Explanation of reintegration processes to the CPBW (Committee for Prevention and Protection at Work) 
   • The occupational physician prepares a qualitative and quantitative report for the employer and committee.
   • The employer provides the committee with anonymised and globalised information based on reintegration plans and reports with findings.
      
6. Link to medical force majeure is discontinued

Once a reintegration process has been started, the occupational physician, employer and employee has specific responsibilities, obligations or rights: 

• The occupational physician is responsible for the reintegration assessment  
• The employer draws up a reintegration plan. If reintegration is not possible, he or she prepares a report with findings. 
• The employee is required to cooperate with the reintegration. He or she can receive assistance during the reintegration process from: 
  • employee representative (on the committee) or union representative 
  • back-to-work coordinator 

With a reintegration assessment, the occupational physician determines whether reintegration is possible in the long term. There are three possible outcomes from now on: 

• Yes (A) The agreed work may eventually be resumed, possibly after adjustments to the workplace. In the meantime, adapted or other work is possible.
• No (B) The employee is permanently incapacitated to perform the agreed work, but can perform other or adapted work (within the entire labour market). The occupational physician sets out the conditions. The employer considers whether this is possible internally (and justifies why it is not).
• Indeterminate (C) For medical reasons, a reintegration assessment is not possible (for now).

The occupational physician: 

• must make a decision within 49 calendar days from the day on which the reintegration request is received based on: 
  • an exam 
  • consultation 
  • a workplace visit if relevant 
• provides a reintegration assessment form (FRIB) to the employer and employee 
• includes the FRIB in the employee’s health file 
• provides an explanation to the employee: 
  • provides reasons for the decision 
  • provides information on the appeal procedure in case of decision B 
• notifies the consulting doctor in case of decision C (indeterminate)

1. The employer discusses the plan with the employee.  
2. The employee must accept or refuse the plan. The reason for a refusal must be stated on the plan. A lack of response is considered a refusal. 
3. The plan is provided to the consulting doctor from the health insurance fund. 
4. The consulting doctor decides on a progressive return to work if this is stated in the plan 
5. If necessary, the employer adjusts the plan.

When? 

Drawing up a reintegration plan proves impossible after:

• Consultation with the employee, occupational physician, other prevention advisers, disability case manager, etc. 
• Examination of possibilities for adapted/other work and workstation adaptations 

What? 

• Report with findings 
• Demonstrates that options for adjustments have been seriously considered  
• Explains why it is technically or objectively impossible to draw up a reintegration plan 
• Explains why a reintegration plan cannot reasonably be required for valid reasons 

Note: The right to reasonable workplace adaptations protocol applies to persons with a disability (Belgian Official Gazette, 20 September 2007).

• As an employer, how do you draw up a reintegration plan?
• What does a reintegration plan define?

Employees with an incapacity for work can take the initiative to start a reintegration process. It is advisable to talk to your occupational physician first about the best way to return to work. Once the process has started, you are expected to actively participate in the reintegration process.

Various individuals can provide assistance:

• Occupational physician: you can talk to the occupational physician in confidence. He or she is bound by professional confidentiality and will not share information with your employer. He or she also decides entirely independently whether reintegration is possible in the long term and/or whether this is possible through other or adapted work. 
• Committee or union representative: can assist with legal aspects, communication, etc. 
• Back-to-work coordinator from the health insurance fund: at your request, the coordinator can offer support throughout the entire reintegration process (follow-up, administrative aspects, etc.). 

Finally, you can either accept or refuse the reintegration plan that is submitted to you. With decision B, you also have the right of appeal.

1. Notification from the employer that the employee has failed three times to respond to the invitation to see a medical professional 
2. Employer receives form with decision C 
3. Preparation of motivation report → Stop on delivery of report with findings to occupational physician and employee (by employer)  
4. Refusal of reintegration plan by employee → Stop on delivery of refused plan to the occupational physician (by employer) 
5. Reintegration plan is approved by the employee and submitted to the occupational physician

What is the appeal procedure against decision B?