How does the medical force majeure procedure work?

How do you initiate the procedure for medical force majeure correctly? 

You may start a procedure for the ‘determination of permanent incapacity for the agreed work’ by sending a registered letter to both the other party and the occupational doctor. Both employers and employees may initiate this procedure. 

The procedure in three steps: 

1. Download the application form for employee or for employer.
2. Complete the form.
3. Send the form to the employer or employee and to your regional IDEWE office by registered post. 

If you have done all this correctly, IDEWE will contact you. Employees will receive an invitation to attend an appointment with the occupational doctor. The invitation notes that the employee is entitled to seek assistance from a trade union representative during this procedure.

What does the examination by the occupational doctor involve? 

The occupational doctor assesses employees’ suitability for the work they were doing before becoming unfit for work. During the examination, employees may request an investigation into the options for adapted or different work based on their current state of health. 

With the employees’ consent, the attending physician and the health insurance fund’s consulting physician may be consulted. If necessary, IDEWE may have occupational specialists visit the workstation.

Determination by occupational doctor: permanently unfit for the agreed work or not?

The occupational doctor may declare the employee either permanently unfit for the agreed work or not. 

Within three months of the request, the occupational doctor sends the decision to the employer and the employee by registered post using the form for establishing permanent incapacity for work (FDO). In the event of permanent incapacity, we also inform the health insurance fund’s consulting physician via the TRIO platform.

The occupational doctor may make various decisions:

• If the occupational doctor deems that it is not completely impossible for the employee to resume the agreed work, the special procedure will be closed without further consequences. If either the employer or employee wishes to initiate a new procedure, it is possible do so after a new six-month period of uninterrupted incapacity for work.
• What if the occupational doctor deems the employee permanently unfit for resumption of the current work?
  • The employee may request an investigation into the options for adapted or other work immediately, or otherwise within seven days of this decision at the latest. This is done by means of a registered letter to both the employer and to IDEWE. The occupational doctor will then specify the conditions for other or adapted work within 30 days of such an application.
  • The employee may also choose not to request adapted work. 
  • In case of permanent incapacity for work with a request for adapted or different work, you must draw up a reintegration plan based on the proposed conditions. If there are valid reasons why you are not able to offer other or adapted work as an employer, set out your reasons in a substantiated report. 

When may you terminate an employment contract due to medical force majeure? 

If reintegration is not possible, then an employer may terminate the employment contract with this employee due to medical force majeure. This is possible solely in the following cases: 

• The employee has completed the special procedure. and the occupational doctor has confirmed the permanent incapacity for the agreed work. 

AND 

• The employee did not request an investigation into the options for adapted or different work.
• The employee requested an investigation into the options for adapted or different work, but the employer has drawn up a substantiated report stating that it is not possible to offer adapted or other work. The employer then provided this report to the employee and the occupational doctor.
• The employee requested an investigation into the options for adapted or different work, but the employee rejected the reintegration plan. The employer then informed the occupational doctor of the employee’s rejection.

What if your employee does not agree with the decision? 

If the occupational doctor decides that an employee is permanently unfit for the agreed work? And the employee disagrees with this decision? Then the employee may appeal against the decision. To do so, the employee sends the appeal form to the medical inspector at the Directorate General for Monitoring Wellbeing at Work and to the employer by registered post. The employee must do so within 21 days of receiving the form for determining permanent incapacity for work (FDO). More information can be found on the back of the form. 

How does IDEWE help employers and employees in cases of medical force majeure? 

IDEWE supports both employers and employees with the procedure to determine permanent incapacity for the agreed work. 

• Employers receive advice on reintegration and the correct approach to long-term incapacity for work.
• Employees receive support in requesting the procedure and advice on their rights. After four weeks of incapacity for work, they also receive a letter describing the options regarding reintegration, determination of definitive incapacity for work and resumption of work.

Dealing with medical force majeure correctly?

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