If teacher Arend has to reintegrate sooner than he can handle, he switches the AOb .
Tekst
Hadewey van der Kamp - redactie Onderwijsblad
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Karen Hagen - Redactie Onderwijsblad
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Minder dan een minuut om te lezen
Picture: Type tank
Arend has been struggling with various medical complaints for a long time, for which no clear cause has yet been found. After approximately six months of sick leave, his company doctor thinks it is time to start reintegration into light adapted tasks. Arend does not consider this feasible and discusses this with his manager who unfortunately wants to follow the advice of the company doctor.
Arend starts with 2 hours of support work three times a week. This is so difficult for him that he often cannot make it to school for 2 hours, or even cannot come to school at all. The company doctor, who according to Arend does not recognize his complaints, nevertheless judges that a further increase in work to three times 3 hours per week can take place. The employer wants to adhere to the advice of the company doctor. Arend approaches the AOb asking what he can do in his situation.
second opinion
The legal assistant of the AOb advises him to indicate again at the next visit to the company doctor that he is unable to work and to ask whether the company doctor would like to contact his general practitioner for further information. But the company doctor maintains his position. That is why the AOb Arend to ask for one second opinion with another company doctor. A company doctor is obliged to cooperate, unless there are compelling reasons not to do so. The advice of the 'second' company doctor is not binding; the first company doctor himself considers whether to adjust his advice accordingly. A company doctor and employer can be expected to reconsider their views on reintegration if a second company doctor comes up with different advice.
At the same time, the legal assistant submits a request to the employer to suspend work until the opinion of the new company doctor has been received. The employer rejects this on the grounds that the application for a second opinion has no suspensory effect.
Expert judgment
This is correct. This means that if Arend does not show up for work, his employer could, in extreme cases, decide to stop his wages. For that reason, Arend is advised to also (i.e. in addition to second opinion) request an expert opinion from the UWV. The UWV assesses whether the modified work that Arend has to do is appropriate.
Fortunately, Arend can quickly see the second company doctor. He believes that Arend's limited energy should only be focused on his recovery. After consultation with the first company doctor, he adjusts his advice and his employer will not impose any reintegration obligations on Arend for the time being.
The UWV's expert opinion is now no longer necessary and the application will be withdrawn. This section is based on practical experiences AOb-lawyers. They help members with legal questions.
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