Work resumption in cases of incapacity for work: What are the new reintegration legislative requirements?

A reintegration plan is drawn up after the reintegration assessment by the occupational physician has been received. Possible timeframe: 

• Decision A: immediately 
• Decision B: after the appeal period expires (21 calendar days) or after the appeal procedure decision 

The employer draws up the plan in consultation with: 

• Employee 
• Occupational physician 
• Other individuals who can contribute to a successful reintegration (psychosocial prevention adviser, prevention adviser/ergonomist, etc.) 

Available time to draw up the plan after receiving the reintegration assessment: 

• Decision A: 63 calendar days  
• Decision B: maximum of six months 

The employer draws up a reintegration plan (in consultation with the employee, occupational physician and if necessary, a psychologist or ergonomist) that takes the following into account:

• It explores specific possibilities for adapted or other work and workplace adjustments
• It also takes into account as much as possible the conditions and modalities determined by the occupational physician
• It aligns as much as possible with the collective reintegration framework
• It must be adapted to the employee’s state of health and capabilities. Employees with disabilities are entitled to reasonable accommodation

Contents of the reintegration plan: 

1. It describes one or more measures as specifically and in as much detail as possible: 
   • reasonable adjustments to the workplace (including machines, equipment, tools, etc.) 
   • in case of adapted work, tasks or division of labour: 
   • workload 
   • work schedule 
   • progressivity measures 
   • with other work 
   • work content 
   • workload 
   • work schedule 
   • progressivity measures 
      
2. It states the nature of training/counselling to acquire competencies for adapted/other work. It also states all those involved (internal/external) who will be responsible for the training/counselling. 
    
3. The plan must include a validity period. 

European legislation that requires reasonable accommodation to the workplace for employees with disabilities must also be taken into account when drawing up the plan.

If a reintegration process results in decision B, this means that the employee is definitively declared incapacitated for the agreed work Employees can appeal the occupational physician’s decision. 

How? 

1. You send a registered letter within 21 calendar days to: 
   • the competent doctor-social inspector of the General Directorate for Occupational Welfare Supervision (TWW) 
   • your employer (NEW) 
      
2. The doctor-social inspector will request a meeting with the occupational physician and treating physician (such as your general practitioner or specialist). 
    
3. A decision is made by the majority within 42 calendar days of receipt of the appeal by the doctor-social inspector. 
    
4. Both the employee and employer receive notification of the decision by means of registered letter. 

As an employer, you need to work on an effective reintegration policy at the collective level. The purpose of this is to do preparatory thinking around possibilities for other or adapted work. The government has prepared a handy checklist in Dutch or French to help you formulate your policy.

To make this possible: 

1. the employer provides the Committee for Prevention and Protection at Work with annual anonymised results of reintegration plans and motivation statements and the steps that were taken to facilitate adapted work. The reasons why a plan could not be drawn up or was refused must also be stated. 
    
2. the occupational physician prepares an annual report on all aspects related to a return to work for the employer and the committee. This includes both qualitative and quantitative results. 
    
3. the reintegration policy is adapted based on an annual review (points 1 and 2).

This can be done through the MyMensura customer zone. We require the employee’s personal contact information (personal email address) so that the occupational physician can contact him or her during the period of incapacity for work.

Yes. Every period of incapacity for work of four weeks or longer must be reported to the occupational physician. It is a good idea for you, as the employer, to inform your employee personally, but the occupational physician is also legally required to do so.

If you are not able to offer adapted work or other work, the case is then in the hands of the consulting doctor from the health insurance fund. He or she establishes whether employment is possible at other employers in line with the employee’s abilities.

New rules apply to dismissals on medical grounds. The specifics are not yet known, but it has already been established that the incapacity for work must be preceded by a continuous period of nine months.

This is not a requirement, but is only logical within the context of welfare legislation. The prevention adviser is often well-positioned to examine possible workplace adjustments.

A reintegration plan can include a progressivity component, i.e. from 50% to 75% to 100%. If progressivity is not possible, the incapacity for work is considered ‘definitive’. In this case, changes to the employment contract can be considered.

If the reintegration plan does not describe progressivity, the occupational physician can monitor the employee’s progress. He or she determines the monitoring frequency of work resumption.

When drawing up a reintegration plan, the employer can consult with the occupational physician and other persons who can help with this, such as the prevention adviser/ergonomist or psychologist.

Employees are required to actively cooperate and cannot refuse to participate in this process. In order to arrive at a decision, the occupational physician must be able to actually examine the employee physically. If the employee does not show up for the examination, the occupational physician will inform the employer of this.