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Monitoring the health status of employees after the labor law: questions and answers and practical sheets from the Ministry of Labor

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The law of August 8, 2016 and the decree of December 27, 2016 have made important changes in the monitoring of employees’ health status as well as in the procedures related to the recognition of medical unfitness at work.

This reform came into effect on January 1, 2017 .

In an effort to raise awareness of these new measures, both with employers and employees, the Ministry of Labor has published three documents:

  • five questions / answers about occupational health :
  1. information and prevention visit: for whom?
  2. occupational medicine: how much time between two visits?
  3. occupational medicine: when is a recovery visit necessary?
  4. finding of incapacity: in which cases?
  5. when to seek the occupational doctor?
  • a practical sheet dedicated to “monitoring the employees’ state of health” .

This sheet takes stock of:

-the new “information and prevention visit” (VIP) that replaced the job-opening visit;

-the periodic monitoring of employees;

-the monitoring of employees assigned to risk positions;

-the pre-business and recovery visit;

  • a practical fact sheet dedicated to the “recognition of medical unfitness at work and its consequences”.

This sheet provides an update on the new provisions relating to the employee’s unfit to work; it details in particular:

-the cases in which the incapacity can be pronounced;

-the procedure to be followed by the occupational physician;

-the particulars to be included in the medical unfitness notice;

-the procedures for challenging the notice of unfitness by the employee or the employer;

– the modalities of the reclassification effort to be undertaken by the employer;

-the consequences of the employee’s inability to reclassify or refuse;

-the indemnities that must be paid to the employee during a dismissal for incapacity to work;

-the consequences of the medical unfitness noted for an employee on a fixed-term contract.

Read also articles published on the Practical Blog of Labor Law :

Occupational health: what’s changing in 2017 (1): the information and prevention visit replaces the medical check-up.