Legal advice: Reintegration outside the door
The director of sick teacher Jan insisted that he should continue his reintegration outside his own organization. After consultation with the Legal Service of the AOb he did not agree.
Picture: Type tank
Jan has been a teacher at a large primary school in the Randstad for twenty years. About a year ago he passed out with burnout complaints. When Jan was ill for six months, the occupational health expert called him. Her report showed that Jan would never again be suitable to teach. The director recently asked him whether he would agree that his reintegration would only continue in track 2 in the second year of illness. Jan had no idea and took the AOb contact on.
Doubts
The company doctor had advised the employer to have Jan examined by an occupational health expert. The employer hires an occupational health expert to see whether the sick employee can recover in such a way that he can do his own job again. In Jan's case, the occupational expert was of the opinion that due to the nature of his complaints, Jan would never again be suitable to practice the teaching profession. Jan had serious doubts about this. Two months ago he started reintegrating. Jan does appropriate work according to a construction schedule. His recovery is progressing well.
Old function
Under the Gatekeeper Improvement Act, an employer is obliged to start reintegration in track 2 at the beginning of the second year of illness. Track 2 is aimed at reintegration outside the own organization. Together with a reintegration agency, it is examined what kind of work is still suitable and where these jobs can be found. Due to the report from the labor expert, the director did not see Jan return to his own position. If Jan agreed that the reintegration in track 1 could be stopped, he knew for sure that Jan would not return to his old position and he could offer that nice intern the position of Jan.
Advice and consequences
The lawyer of the AOb Jan explains that reintegration in track 1 (aimed at returning to your own position) must also continue in the second year of illness (next to track 2). An employer may only stop the reintegration in track 1 if the employee gives permission for this. The lawyer of the AOb Jan advises that the reintegration in track 1 also continues the second year of illness. If Jan were only to continue reintegration in track 2, then he can be sure that he will be fired at the end of the second year of illness (after the dismissal protection). Jan has to take his time to recover and reintegrate. An occupational survey after six months of incapacity for work is too early to conclude that Jan would no longer be able to teach.
Jan had no idea of the consequences of the choice presented to him by the director. He could now explain clearly why he would not agree.
