How does a medical force majeure procedure proceed?

  1. An employee or employer starts a medical force majeure procedure with Premed.
  2. Premed invites the employee for medical examination
  3. The occupational physician of Premed examines the employee.
  4. The occupational physician decides whether the employee is permanently unfit for the agreed work or not.
  5. The medical force majeure procedure is initiated and concluded within a period of maximum 3 months.

Step 1: Medical force majeure startup procedure 

The employer or employee starts the procedure via a registered letter to the other party and Premed (sample letters are available at the bottom of this page).  

This is only possible if: 

  • The employee has been continuously incapacitated for work for at least 6 months.
  • There is no ongoing reintegration process.
  • There are at least 6 months in between if there was a previous medical force majeure procedure. 

 

Step 2: Premed invites the employee for medical examination

Premed invites the employee for a medical examination, at least 10 days after the start of the procedure. The occupational physician requests any additional information from the general practitioner or specialist. 

 

Step 3: The medical examination

The occupational physician examines whether the employee is permanently unfit for the agreed work. This may include an investigation into the possibilities of performing adapted or other work.

  • The doctor communicates their decision via a registered letter to the employer and employee.
  • In case of permanent unsuitability, the employee's health insurance fund is also informed.

Step 4: Decision of the occupational physician - what are the possibilities?

  • Decision 1: The employee is permanently unfit for the agreed work, but no adapted work is desired. The medical force majeure procedure is invoked to terminate the employment contract.
  • Decision 2: The employee is permanently unfit for the agreed work, but is interested in adapted work.
    The occupational physician draws up a recommendation and the employer proposes a reintegration plan. The employee can agree to this or refuse with reasons. If not possible? Then the employer must draw up a motivated report stating why it is not possible.
  • Decision 3: The employee is not permanently unfit for the agreed work: the procedure stops immediately.

Can an employee appeal the decision of the occupational physician?

The employee can appeal within 21 days if he/she disagrees with the occupational physician's decision. The occupational physician's decision therefore only becomes final if:
✔️ The employee does not appeal.
✔️ The appeal has been processed and the decision remains the same.

Note: The employer cannot appeal!

Step 5: Terminate employment contract due to medical force majeure

If it has been determined that the employee is permanently unfit, both the employer and employee can invoke medical force majeure.

 

Contribution to the Back-to-Work Fund

As of April 1, 2024, in the event of dismissal due to medical force majeure, the employer must contribute €1,800 to the Back-to-Work Fund. The employee can use this for career guidance and coaching for support in returning to work. 

More info? View the new regulations: Back-to-Work Fund. 

Documents - Application by employer

Application form to be completed by the employer:

Important: to be sent by registered mail to Premed and the employee.

In 1 registered letter to Premed, multiple applications from different employees may be bundled.

Documents - Request by employee

Application form to be completed by the employee:

Important: to be sent by registered mail to Premed and the employer.

Model documents

Model reintegration plan for employer within the framework of the medical force majeure procedure: download

Model of reasoned report for not drawing up a reintegration plan for employer within the framework of the medical force majeure procedure: download

⚠️ Important: Strict procedure & registered mail

The medical force majeure process is bound by strict legal deadlines and obligations. Failure to comply can result in sanctions or legal consequences.

To guarantee legal certainty and avoid subsequent discussions, we strongly advise that all formal communication takes place via registered letter.

  • Starting the procedure;
  • The invitation for consultation moments;
  • Providing the definitive reintegration plan to the employee;
  • Any warnings if the employee refuses to cooperate;
  • Invitations for medical examination sent by Premed.

Frequently asked questions

After the application, Premed invites the employee for a medical examination. The occupational physician assesses definitive unsuitability. The procedure must be completed within three months and respects the steps of registration and consultation. 

The medical force majeure procedure allows an employer or employee to terminate an employment contract when an employee is definitively unable to perform their work for medical reasons.

The medical force majeure procedure is the only legally valid way to achieve dismissal for medical reasons. After a minimum of six months of continuous incapacity, the appointed occupational physician can determine the employee's definitive incapacity. Medical dismissal is subsequently the termination of the employment contract based on this established medical force majeure, when the procedure shows that the employee is definitively incapacitated and no adapted work is available.

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