Reintegration pathway for incapacitated workers: modified procedure

In order to focus on the reintegration of workers and to adopt a positive approach to this, a Royal Decree of 11 September 2022 modifies the current reintegration procedure and introduces a dissociation between the worker's reintegration pathway and termination for reasons of medical force majeure.

Reminder

The purpose of the reintegration pathway is to promote, with the help of the prevention adviser-occupational physician, the reintegration of workers unable to perform the agreed work, by providing them with adapted work or other work.

A procedure mainly involving the worker, the employer and the prevention adviser-occupational physician must be followed and specific deadlines must be observed.

After the reintegration evaluation, the prevention adviser-occupational physician will write down his decision on the reintegration evaluation form.

Until 30 September 2022, 5 decisions were possible, including work resumption through adapted work, as well as the decision of permanent incapacity for the agreed work, leading to the termination of the contract for reasons of medical force majeure due to the end of the reintegration pathway. There was therefore a single procedure for both the reintegration of workers who are incapacitated for work and the termination of the contract for reasons of medical force majeure.

Entry into force

The Royal Decree of 11 September 2022 amending the codex on well-being at work regarding the reintegration pathway for workers who are incapacitated for work enters into force on 1 October 2022, with the exception of the provisions on the procedure for terminating the contract for reasons of medical force majeure. These will only enter into force at the same time as the amendment of Article 34 of the Employment Contract Act of 3 July 1978 on termination of the contract for reasons of medical force majeure. Therefore, the dissociation of the procedures does not take effect immediately.

The new procedure applies to reintegration pathways in progress from 1 October. There are no transitional measures. For more information, please contact your prevention adviser-occupational physician.

What are the main changes as from 1 October 2022?

• The decisions of the prevention adviser-occupational physician are simplified and the focus is on adapted or other work;
• A reintegration pathway can now be initiated for workers who are incapacitated for work due to an accident at work or occupational disease, but only when the temporary incapacity for work has ended within the meaning of the workplace accidents legislation;
• For the sake of convenience, time limits are expressed in calendar days and no longer in working days;
• The time limits for the worker to appeal a decision of the prevention adviser-occupational physician are increased from 7 working days to 21 calendar days.

What are the main changes still to be implemented?

• Introduction of a specific procedure for the termination of the contract for reasons of medical force majeure. This procedure can be initiated at the request of the employer or the worker when the worker has been uninterruptedly incapacitated for work for at least 9 months;
• Pending its amendment, the current Article 34 of the Employment Contract Act will continue to apply to termination procedures for reasons of medical force majeure.

Until 30 September 2022, if the prevention adviser-occupational physician has communicated a decision of permanent incapacity but the worker is able to perform adapted work or if he has communicated a decision of permanent incapacity without the possibility of adapted work, the termination for reasons of medical force majeure remains possible until the entry into force of the new Article 34, but in compliance with the new time limits!

Questions about decisions communicated after 1 October or about new pathways and the possibility of termination for reasons of medical force majeure? Please contact our Legal Partners via legalpartners@partena.be.

We will keep you updated as soon as we have more details on the entry into force of the specific procedure for termination for reasons of medical force majeure.

Sources: Royal Decree of 11 September 2022 amending the codex on well-being at work regarding the reintegration pathway for workers who are incapacitated for work, Belgian Official Gazette 20-09-2022; Draft law containing various provisions on incapacity for work: https://www.lachambre.be/FLWB/PDF/55/2875/55K2875001.pdf