© - ATH all rights reserved - Edition 2024 55 2024 EMPLOYER’S GUIDE SICK LEAVE - CONSEQUENCES At the end of their sick leave, employees return to their role. A back-to-work medical is mandatory for absences from work due to sickness or a non-occupational accident of at least 60 days and must take place within 8 days of return. Occupational health can decide that the employee is fit or unfit to return to work. For sick leave for more than 30 days, the employer must inform the employee that it is entitled to request a medical examination before the employee returns to work. Employees off work due to non- occupational illness now acquire 2 working days' paid holiday per month. Illness suspends the employment contract and cannot be grounds for dismissal. However, a prolonged absence or frequent and repeated sick leave leading to organisational problems for the company with the need to permanently replace the employee by hiring someone under a permanent contract, may justify termination of the employment contract. Ask us about the consequences of sick leave on the probation period, seniority, paid leave, notice. The employee’s doctor may prescribe part-time work for health reasons. An addendum to the employment contract must be drafted for the switch to part-time. WORKPLACE ACCIDENT A workplace accident is an accident that occurs due to or during work and affecting any individual who is working, in any way or in any location whatsoever. The employee must inform the employer within 24 hours of the accident. This can be done verbally where the accident takes place, by registered letter or by email. The employer must report the work accident within 48 hours of its occurrence to the employee’s health insurance provider and must issue an accident statement to the victim. When an employee is the victim of an accident at work resulting in death, the employer is required to inform the employment inspectorate within 12 hours. Employees absent for workplace accidents may be entitled to benefits paid by the employer, in addition to those paid by the social security, under the same conditions as in the case of illness. However, the lead time is not applicable. The collective agreement may provide for a more favourable arrangement. If there is an employee benefit scheme in the company, benefits supplementing the daily social security benefits may be paid. Failure to declare a workplace accident is liable for a category 4 fine (amount page 85). WORKPLACE ACCIDENT - CONSEQUENCES At the end of the suspension, the employee must be returned to his/her role or a similar job, unless he/she is unfit to do so. A back-to-work medical is compulsory after an absence for an occupational accident of at least 30 days. Employees absent due to a workplace accident acquire 2,5 working days' paid holiday per month. An employee suffering a workplace accident (excluding travel to work) cannot be dismissed, except for misconduct or inability to maintain the contract for a reason not connected with the accident or illness. In case of doubt as to whether the accident is occupational in nature, the employer can make justified arguments within 10 days of delivery of the declaration of workplace accident. Ask us, for sick leave for more than 30 consecutive days, a liaison meeting may be organised during the sick leave to facilitate the employee’s return to work. If an employee is unable to take all or part of the leave he or she has acquire, during the leave period, due to a non-occupational illness or accident, he or she is entitled to a carry-over period of 15 months in order to be able to use it.
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