Return-to-Work Program (BEM)

BEM stands for “Betriebliches Eingliederungsmanagement” (Return-to-Work Program), which is regulated in Section 167 subsection 2 of book IX of the German Social Security Code, (Sozialgesetzbuch, SGB). Find details on the exact organization of the Return-to-Work Program in the service agreement Dienstvereinbarung BEM der Universität Hamburg.

BEM helps reintegrate employees on long-term sick leave. Even before 6 weeks of sick leave, i.e., 42 calendar days, employees may request support in a measure for occupational integration from any BEM counselor in the event of emerging illnesses or incipient health problems. This is called a “preventive BEM procedure.” BEM expresses the employer’s duty of care to employees.

BEM aims to help overcome incapacity to work, to prevent renewed incapacity to work, and to keep affected employees in their jobs.

All staff and trainees of Universität Hamburg may apply for BEM.

As a rule, the counseling offer initially includes a clarification meeting with a BEM counselor. Alternatively, BEM candidates are free to choose others , e.g., their supervisor, the Staff Council, the representative for severely disabled staff, specific University counseling services, HR Services, or HR Development. The BEM offer includes a list of possible BEM contacts. In addition, BEM candidates may choose to bring someone they trust.

The BEM counselors must provide an undisturbed and protected setting close to the workplace for the BEM talks. If desired, the meetings can also be conducted in a different place.

Employers must offer BEM to all staff who have been unable to work—uninterruptedly or repeatedly—for more than 6 weeks within one year. A BEM measure can be conducted only if the affected employee accepts the BEM offer.

The 6-week period is reached if an absence for uninterrupted illness extends 42 calendar days. In the event of several unrelated illnesses within a 12-month period, the number of working days and the normal working week shall be taken into account. Based on a regular 5-day working week, the period is reached after 30 working days of work incapacity. However, the 6-week rule also applies if the affected person works part-time, e.g., 2 days a week. In this case, the 6 weeks have been reached if the person has been incapable of working for 12 working days over the course of 6 weeks.

The annual period does not refer to the calendar year. The crucial factor is whether the employee’s sick leave extends for a total of 6 weeks (uninterrupted or at intervals) over the past 12 months.

The above BEM period calculation adds all days a person reported sick. It is irrelevant whether the periods of work incapacity are due to a single illness or several different illnesses.

Yes, all individual BEM steps require employee consent. First of all, the employer must explain why they extend a BEM offer after 6 weeks of incapacity for work; it is crucial that the employee concerned understands the aims of the BEM and who can participate. Any further steps of the BEM procedure require prior written consent from the employee in question. The employee can revoke their consent at any time thereafter.

No later than 6 weeks after the initial BEM offer, HR Services will send a reminder letter to the employee concerned. If the employee does not respond, the offer shall be deemed rejected after a further 4 weeks. If the offer was initially accepted but the BEM coordination office was not contacted for the purpose of referral to counseling, the BEM coordinator will make another attempt at contact.

Employees can initiate a BEM procedure on their own initiative at any time.

Employees are free to decline a BEM offer. However, in the event of any subsequent employment law penalties, the person concerned cannot invoke the fact that no BEM was carried out if they previously rejected it.

If medical diagnoses or medical health prognoses become relevant to the approaches in the BEM procedure the employee concerned can freely decide whether to discuss these health aspects with the BEM counselors or not. This information may be disclosed only to the other parties involved in the BEM process with the consent of the affected employee or partial release from the obligation to maintain confidentiality.

As BEM meetings always involve sensitive issues, trust is essential. Hence, employees can freely pick a BEM counselor from the list.

When the employee accepts the BEM offer, HR Services informs the BEM coordinator who then contacts the employee. If a BEM counselor has been selected, the coordinator will check, among other things, whether the counselor’s schedule will allow for a timely commencement of the procedure. The employees usually arrange the first meeting themselves, after they have received the contact details of their favored BEM counselor.

Each case is unique. The BEM procedure is usually initiated, when the resumption of work activity becomes or is apparent. A lead time of about 2 to 4 weeks can be used to activate support services, such as gradual reintegration or special work aids, so they will be available when the employee returns to work. Individual cases may call for longer lead times, especially when it comes to strengthening personal and/or professional resources. Since the BEM coordination office does not know the personal situation, the employees’ self-assessment is essential. It may be a good idea to make initial contact with the BEM coordination office even if the return is not yet foreseeable.

Participation in BEM meetings is working time. However, the absence must be coordinated with the supervisor. Meetings can also be held while the employee is still unfit for work.

The duration and time required for BEM support largely depend on the questions, the solutions, the people involved, and not least the employee seeking advice. In addition to the initial talk, further interim meetings may take place before the procedure concludes with a final talk. So far, the average duration has been 3–5 hours.

BEM is a structured procedure, which essentially comprises 3 phases:

• Offer: HR Services establishes whether an employee’s sick leave extends for a consecutive 6 weeks or with interruptions within the past 12 months. This is followed by a written BEM offer. If the eligible employee accepts the offer via feedback form, HR Services informs the BEM coordinator, who then refers them to counseling.
• Execution: The BEM starts when the employee has selected a counselor and the initial meeting is scheduled. In essence, it consists of 3 steps:
  • Situation analysis
  • Planning
  • Implementation of measures

In this meeting, the employee in question explores possible operational or workplace-related causes and effects of their inability to work, remaining performance potential, and possible solutions. Various solutions will be considered for their effectiveness and viability and agreed upon, if necessary with the help of the rehabilitation agencies and the Integration Office. Funding and support measures must be geared primarily towards reintegration into the existing job. A specific action plan detailing the measures to overcome or avoid incapacity for work is approved together with the employee. As part of the BEM, the action plan is included in the BEM file. The employee can terminate the procedure at any stage by notifying the BEM counselors.

• Conclusion: The final phase involves a summary assessment of the Return-to-Work measure from the perspectives of the employee and the BEM counselors. The final meeting is a chance to give direct feedback to the BEM counselor.

NO! Employee consent to the processing of illness-related data relates to the BEM procedure only. Using the data for other purposes would constitute a change of purpose, which is inadmissible without corresponding consent. Any collection, processing, or use of specific personal information—such as medical data—requires employee consent expressly referring to these data.

It may be recorded in the personnel file only that a BEM procedure was offered, whether the person concerned agreed to this procedure, and which personal or work-related organizational measures were offered within the BEM to overcome or prevent incapacity to work, e.g., further counseling offers, further training, adaptation assistance to the workplace, gradual reintegration measures, etc. No other information from the BEM procedure goes into the medical section of the personnel file. Access shall be governed by legal regulations applying to employee records and personnel files.

NO! Gradual reintegration (Hamburg Model) is just one of several conceivable measures that can be agreed upon in the BEM procedure. Your attending doctor will create a step-by-step plan to ensure your return to work is free from undue stress. This first involves reducing your working hours or workload and then gradually increasing them again over a set period of time. The Arbeitsmedizinische Dienst (state occupational medical service, AMD) often uses the term “protected start of work.” In other words, gradual reintegration helps you test and train your performance level at work.