The Return to Work Fund: New Rules for Medical Force Majeure

The special medical force majeure procedure allows for the termination of an employee’s employment contract if the employee is definitively declared unfit to perform the work by the occupational health advisor. Medical force majeure applies when no suitable modified work is requested or when such work cannot be offered. Invoking or establishing this medical force majeure can be done by mutual agreement between both parties or unilaterally by the employer or the employee. Until recently, if the employer unilaterally established medical force majeure, they were required to offer the incapacitated employee outplacement assistance worth 1,800 euros. The legislature has now decided to replace this obligation, effective April 1, with two new obligations regarding the “Return to Work Fund,” administered by the National Institute for Health and Disability Insurance (RIZIV). Specifically, this means that any employer invoking medical force majeure must take two actions within 45 calendar days: 1) The employer must provide the Back to Work Fund with certain identification details for both the employer and the employee in question. This information must be submitted electronically via the RIZIV website or on paper using a form available on the RIZIV website; 2) In addition, the employer must pay a contribution of 1,800 euros into the Back to Work Fund. After notifying the RIZIV, you, as the employer, will automatically receive a payment request. The employee in question can then, through the Back to Work Fund, purchase specialized, customized services aimed at returning to the workforce. The employee will receive a voucher worth €1,800 for this purpose, which he or she can use to pay for support from an accredited service provider. If you, as an employer, fail to meet these obligations, you risk being penalized with a Level 2 sanction (a criminal fine of 400 euros to 4,000 euros, or an administrative fine of 200 euros to 2,000 euros). Would you like to learn more about the special medical force majeure procedure and the obligations it entails for employers? Please contact one of our specialists.