What are some of the key changes?
- Preventative requests: Employees can now ask their employer to consider workplace adjustments or alternative work during sick leave or before going on sick leave, if they’re at risk of becoming unfit due to health problems.
- Medical certificates: Employees can now take the first day of sick leave twice per year without a medical certificate (reduced from three times).
- Staying in touch during sick leave: Employers must now maintain contact with employees on sick leave. The employee handbook must include a procedure setting out who will contact the employee and how often.
- Earlier reintegration: With the employee’s consent, employers can start the reintegration process from day one of sick leave (previously, employers had to wait three months).
- Pre-return medical visits: Employers can now ask the company doctor to invite an employee for a visit before they return to work (although employees are not obliged to attend). Previously, only employees could request this.
- Focus on “work potential”: After eight weeks of absence, employers must work with an external occupational health provider or company doctor to assess what the employee can still do. If the assessment shows the employee can return in some capacity, employers with more than 20 staff must start reintegration within six months. Failure to do so could lead to fines of up to EUR 4,000 per employee.
- Reduced relapse employer payment obligations: The “relapse period” has been extended from 14 days to eight weeks, meaning employers are no longer required to pay guaranteed salary if an employee relapses into sick leave within eight weeks of returning to work (subject to certain exceptions).
- Termination on medical grounds: If the employee cannot return to work at all, employers can now start the process to terminate the contract on medical grounds after six months of continuous sick leave (reduced from nine months).
What should employers do now?
- Employers must update their employee handbook as soon as possible for legal compliance to include these new procedures, and familiarise themselves with applicable rules.
For further information on these changes or if you require support, please get in touch with a member of the MDR ONE team.
