The Gatekeeper Improvement Act in practice: Practical tips for employers (part 2)
As an employment lawyer, I assist employers and employees on a daily basis. What strikes me more and more often? Conflicts surrounding reintegration in the event of long-term incapacity for work. I am often only called in when the situation has already escalated and mutual understanding is hard to find. At that point, a solution seems only possible through legal channels.
In the first part of this two-part series, I discussed the many different players in the chain and shared my observations. In this second part of the series, I offer practical tips for employers to prevent or break open a situation that is completely deadlocked.
My observations
‘…All parties want to promote recovery in the workplace. Yet almost no one really helps the employee…’ Employment lawyer Judy Sliepen
‘…An employee benefits from having a single point of contact: someone who keeps track of everything and coordinates agreements…’ Employment lawyer Judy Sliepen
Practical tips for employers
When the situation is deadlocked, one of the parties comes to me and asks for legal measures to be taken. Sometimes this is necessary, but usually the parties benefit from a solution outside the courtroom, so that everyone can get back to doing what they do best. That is why I offer the following tips for employers when an employee reports sick:
– Identify the mutual obligations (law, occupational health and safety service, insurer).
– Explain the process clearly to the employee.
– Preferably appoint one person as the point of contact. Someone with sufficient soft skills, so that the employee feels heard and seen.
– If that is not possible, record who the contact persons are and who has which role.
– Ask the employee what is needed and think along with them about alternatives.
– If financially possible or insured, facilitate a care provider chosen by the employee themselves. If the employee feels supported, this will have a positive effect on their recovery.
– Have the company doctor give concrete, specific advice and set up follow-up appointments. This will prevent confusion and misunderstandings.
– In the event of a conflict, quickly call in a mediator before the situation escalates and the parties are no longer willing to come to an agreement.
Conclusion
With insight into the reintegration process and a proactive attitude, employers can prevent escalation, truly support recovery and meet their legal obligations. Clear communication, empathy and a tailored approach make all the difference. Ultimately, recovery is not only good for the employee, but also limits the financial risks for the employer.
Questions
Do you have any questions about this article? Our specialised lawyers will be happy to assist you. You can reach us by email, telephone or via the contact form.
