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Role distribution in sick leave management

Employer

The employer is responsible for working systematically to prevent illness and injury, making adjustments for employees on sick leave, and, if necessary, finding new tasks.

The employer must follow up with employees during and after a period of illness.

In collaboration with the employee, the employer must create a follow-up plan, unless it is clearly unnecessary. This plan must be completed no later than when the employee has been fully or partially absent from work for 4 weeks.

The employer must invite the employee to a dialogue meeting (no. 1) regarding the content of the follow-up plan within 7 weeks after the employee has been fully or partially on sick leave.

The employer calls for the dialogue meeting if the employee is 100% sick-listed. For partial sick leave, a dialogue meeting should take place if deemed appropriate. The employee’s doctor participates if the employee agrees. If either party wishes, the Occupational Health Service (BHT) or a third party, such as a union representative or safety delegate, can also participate. The goal is to find solutions within the company that can help the sick-listed employee return to work.

The employer must also attend dialogue meetings called by the NAV office.

Employee

The employee should collaborate as early as possible with the employer to find solutions that prevent full sick leave.

Participate in the creation and implementation of the follow-up plan.

Be willing to perform other suitable or adjusted tasks if it is not possible to carry out regular duties.

Participate in internal company measures that can contribute to full or partial return to work.

Attend dialogue meetings.

Sick certifier (Sykmelder)

The sick certifier should motivate, encourage, and provide reassurance for workplace activity when medically appropriate.

Assess the possibility of partial (i.e., graded) sick leave before full sick leave.

Evaluate whether there are compelling medical reasons preventing work-related activities.

Participate in dialogue meeting no.1 with the employer and employee if invited.

Attend dialogue meetings organised by NAV if invited.

Make statements within the confidentiality limits imposed by professional secrecy.

Occupational Health Service (Bedriftshelsetjenesten)

The Occupational Health Service should assist the employer with preventive work.

Assist in individual accommodation and the development of the follow-up plan.

Participate in the dialogue meeting if the employee or employer requests it.

Union representatives and safety representatives

Union representatives and safety representatives should help integrate sickness absence work into the health, safety, and environment (HMS) work.

When appropriate, provide advice and guidance to employees and assist the employee in the dialogue with the employer and others.

Participate in the dialogue meeting if the employee requests it.

NAV

NAV should assist the local employer with advice and guidance when needed.

Assess the need for NAV tools, including work-related measures if there is no possibility for internal reintegration.

Hold dialogue meeting no. 2 between the sick-listed employee and employer no later than 26 weeks of sick leave.

Hold dialogue meeting no. 3 if necessary.

Monitor whether the sick-listed employee, employer, and sick certifier comply with their follow-up obligations and, if necessary, implement sanctions.

The Norwegian Labour Inspection Authority (Arbeidstilsynet)

The Labour Inspection Authority should guide and supervise businesses to ensure systematic health, safety, and environmental work that prevents work conditions or the workplace from causing illness or injury.

Supervise that the employer has a plan for following up and accommodating long-term sick leave and verify that they are actually implementing it.

Supervise that businesses required to have an occupational health service have one and use it appropriately.

Supervise that businesses adjust working conditions according to each employee's age, work capacity, etc., so that illness and injury can be prevented before the need for absence arises.

Published Nov. 29, 2024 - Last modified Nov. 29, 2024