Incapacity for work – changes to the reintegration track and the invalidity accountability contribution for employers
18 Nov 2022
With a recently adopted Royal Decree, the process of reintegrating employees who are incapacitated for work back into their employer’s workforce has undergone some changes. Colloquially known as the ‘reintegration track 2.0’, the adjusted process entered into force on 1 October 2022. On a different, but related, note; a draft act is currently being discussed in the Chamber of Representatives, modifying the accountability contribution that’s due by companies that have an excessive number of employees who are long-term incapacitated for work.
The reintegration track – from 1.0 to 2.0
For some time now, a specific process has been applicable to reintegrate employees who are absent due to illness or accident back into their employer’s workforce. This formalised reintegration track, in which the prevention advisor - company doctor (hereafter ‘PA-CD’) plays a key role, facilitates such return to work by either temporarily or permanently having the employee perform adjusted or different work. By and large, the reintegration track can be divided into three parts:
the reintegration track is initiated, at the request of the employer or the employee;
the PA-CD performs a reintegration assessment and decides on the possibility of reintegration;
following the PA-CD’s decision;
a reintegration plan is drawn up and the employee start performing adjusted, or different work or;
the employer decides not to start the reintegration or;
a reintegration plan is drawn up but refused by the employee.
As of 1 October 2022, version 2.0 of the reintegration track (hereafter ‘RiT 2.0’) entered into force. The main changes in this respect, without going into too much of the intricacies, can be summarised as follows:
Commencing the process of reintegration as soon as possible
Studies have shown that the longer an employee is absent, the less likely they are to return to work. The RiT 2.0 addresses this by introducing the obligation for the PA-CD to contact the employee after four weeks of absence, to inform them on the different possibilities to resume the work under optimal, adjusted, conditions. In addition, going forward, the employer can already initiate the process of reintegration after three months of absence instead of the previous four months.
Changes to the reintegration track’s different steps
The actual process of reintegration has changed as well, in order to make it less complicated and more efficient. As such, some deadlines were shortened and others were lengthened. In addition and for clarity’s sake, the deadlines in the RiT 2.0 are now expressed in weekdays instead of the previously applicable working days. The RiT 2.0 has also decreased the number of decisions that the PA-CD can take after its reintegration assessment from five to three.
The RiT 2.0 also clarifies and broadenes the employer’s obligations when the latter examines the possibility of providing adjusted or different work to an employee who’s incapacitated for work. In this respect, the employer must - to a maximum extent - take into account the PA-CD’s decision, the company’s collective reintegration policy and, if applicable, a disabled person’s right to reasonable accommodations.
Reporting on the collective reintegration policy
In order to maximise the positive outcome of individual reintegration tracks, they should be embedded in a well thought out collective reintegration policy that involves all stakeholders. The legislator has recognised this and has therefore strengthened the existing obligation to provide for a yearly evaluation of the company’s collective reintegration policy. As such, the employer must compile a report – and deliver it to the Committee – with anonymised and globalised elements from reintegration tracks, at least mentioning the different steps taken to provide for adjusted or other work and why, if applicable, no reintegration plan could be started or why a reintegration plan was declined by an employee.
Entry into force
The RiT 2.0 entered into force on 1 October 2022. In this respect, it’s important to point out that no transitional measures are applicable. This means that the RiT 2.0’s new regulations are also applicable to reintegration tracks that were already ongoing on 1 October 2022.
Invalidity accountability contribution for employers
The invalidity accountability contribution for employers was introduced by the Program Act of 27 December 2021. This quarterly contribution – amounting to 0.625% of the company’s total quarterly gross salaries – is due by companies that, during a reference period of four quarters, have a significantly higher percentage of their total workforce entering invalidity compared to companies in the same sector of activity, as well as compared to the private sector as a whole. Note that an employee ‘enters invalidity’ once they’re incapacitated for work for more than 12 continuous months. For this comparison, only the entries into invalidity of employees under the age of 55 and with at least three years of seniority are taken into account. Moreover, companies that employ less than 50 employees on average are excluded.
Up until now, the contribution has not been collected, as it requires a reference period of four quarters to be able to make the assessment. As the system entered into force on 1 January 2022, the accountability contribution can be due for the first time in the first quarter of 2023. Even though no contributions have been due yet, there’s currently a draft act at the Chamber that’s aimed at adjusting the invalidity accountability contribution. More specifically, it concerns the following changes.
The draft act introduces the principle that at least three employees have to enter invalidity during the reference period for the contribution to be able to become due;
It sets up a system that makes sure that companies are compared with at least 10 other companies in the same sector of activity;
The way a company’s total workforce must be calculated is specified.
Conclusion
As mentioned above, it’s important for a company to have a well thought out reintegration policy that forms part of the company’s wider employee wellbeing strategy. Not only to be able to comply with the reintegration track regulations and to avoid that the invalidity accountability contribution becomes due, but because sustainably reintegrating employees who are incapacitated for work is beneficial for the company as well. It will limit future continued absenteeism and knowing they’ll be supported by their employer during and after they have health problems, will increase employees’ general sense of wellbeing in the company, which will help towards being seen as an employer of choice. As such, there’s both an economic and social aspect to setting up the correct policy and processes in this respect.
If you have any questions regarding the above or are looking for more guidance on your company’s reintegration policy or broader employee wellbeing policy, don’t hesitate to get in touch: we’d love to hear from you.
