A dozen European countries, both EU and non-EU, already consider flexible sick leave in their labor laws. These allow the worker, even when he is not able to fully return to his position, to be able to partially exercise his duties.
Such diffusion shows that the proposal formulated last week by the Minister of Inclusion, Social Security and Migration, Elma Saiz, is very far from constituting a rare bird on the Old Continent.
On the contrary, this work regime is provided for in the economies of Northern Europe, as Sweden, Norway, Finland, Germany, Netherlands or United Kingdombut also from the south, like Italy. Moreover, in 2018, the European Parliament’s Committee on Employment and Social Affairs voted in favor of its implementation. The institution was based on technical arguments which suggest that facilitating an early return to work, always in safe conditions, could be beneficial for the well-being of employees.
The common denominator of all these systems is that they allow workers to gradually return to their work through partial work or a modification of their tasks. These nations have shown that An individualized approach can benefit employees in their recovery process, without the need to completely interrupt their professional life.
Suede
A comprehensive model has been created to ease employees’ transition from sick leave to full recovery, promoting part-time work in situations where illness warrants it. Its approach aims not only to promote the employee’s recovery, but also to maintain their connection with the workplace. The figure for “insured persons with reduced work capacity” applies to workers who, although faced with temporary limitations due to illness or accident, are capable of performing certain functions. This model allows the return to work to be gradual. Reintegration takes place through a formal process during which the worker and the doctor must agree on the return plan. In Sweden, an active dialogue is encouraged between the employee, the employer and healthcare professionals to establish a flexible schedule that takes into account the worker’s limitations.
Germany
Germany, although it also offers the possibility of working partially during sick leave, establishes more rigorous conditions which can make it difficult for workers to return. Even if layoffs can be partial, bureaucracy and rigidity in the evaluation of work capacity can mean that this system does not always benefit the employee. The model is called Stufenweise Wiedereingliederung, which translates into gradual reintegration into work. This model requires a medical prescription for its implementation. Reintegration is gradual and can last up to three years, allowing the worker to return gradually, increasing their workload and salary as they adapt.
France
Likewise, the French country has adopted measures that allow adjustments to workloads and flexibility of schedules, which promotes more fluid and efficient reintegration. The therapeutic part-time model allows employees to return to work gradually, always with the doctor’s approval. Partial return varies between 50% and 90% of working time. Authorizations are reviewed every one to three months, and if the employee does not recover within a year, they can return to full leave or try again for a gradual return.
United Kingdom
The British Isles have implemented an innovative approach through certificates called “fit notes”, which allow doctors to certify that an employee is capable of carrying out certain functions, even if they are not fit to return to work. complete work. This measure, supported by technology, facilitates the gradual return of workers, adapting their responsibilities to their state of health.
Finland
The furlough model is overseen by Kela, an entity that functions like social security in Spain. From the tenth day of work stoppage, workers begin to receive a state subsidy in place of their salary. Additionally, there is the possibility of a partial return to work, in which the employee can assume part of their professional responsibilities. This process, agreed between the doctor and the worker, is complemented by a rehabilitation grant, known as Kuntoutustuki, ensuring that the workload does not negatively affect the employee’s recovery.
The Netherlands
In the Netherlands, gradual reintegration can take place, with partial work or adaptation of the workstation. This country is known for its emphasis on work efficiency and employee well-being. Dutch employees enjoy shorter work weeks, abundant vacation days, and a culture that respects personal time. In this country, employers bear a higher compensation cost for sick leave, which, according to an analysis by the European Agency for Safety and Health at Work, “clearly and immediately encourages them to implement more effective reintegration processes. The agency also highlights that while progress is being made toward more personalized and earlier intervention approaches to managing return to work, this shift may present significant challenges, particularly for small and medium-sized businesses.
Denmark
There is a similar model to that in the Netherlands, with many contacts with the health service. For years, this Scandinavian country has prided itself on promoting “flexible working hours” in all types of work situations, including sick leave for temporary incapacity.
Belgium
Returning to work after sick leave has gained importance on the political and social agenda since 2010, due to the increase in cases of absence due to chronic illnesses and the consequent increase in social security expenditure. To address this problem, governments have implemented new activation policies and social partners have played a key role in designing a new formal reintegration procedure for employees who wish to return to work. Through their proposals they influenced legislation, establishing principles and procedures involving occupational health specialists and health and safety committees at company level.
Italy
The legal and contractual framework for returning to work is fragmented and mainly focused on people with chronic illnesses and disabilities. They have positive experiences at local and company level, from collaboration between social partners and other stakeholders, which have enabled progress towards a partial return to work.
Norway
In Norway, the sick leave system is flexible and allows sick workers to receive their full salary for up to 12 months. Initially, the employer covers the first 16 days of sick leave, then the national insurance scheme, administered by the Norwegian Labor and Welfare Administration (NAV), covers the rest. Compensation is adjusted to the employee’s percentage of disability, allowing a gradual return to work. After four weeks of absence, the employer and employee work together to design a return plan. If the leave extends beyond eight weeks without professional activity, medical justification is required. Additionally, NAV monitors the process and can suggest interventions to facilitate the return to work.
Countries with limited policies
However, not all European countries share this perspective when it comes to rehabilitation and professional reintegration. In countries like Greece, Poland, Malta and Croatia, policies are more focused on temporary sick leave, without considering a gradual return to work. This approach could lead to a disinterest on the part of employers in promoting the recovery of their workers, perpetuate inactivity and limit the possibilities for effective reintegration.
As several European media already reflect, the European Agency for Safety and Health at Work classifies the approaches into four main groups: one which gives priority to the rehabilitation and integration of the worker on sick leave, as is the case of Netherlands, Germany, Denmark, Finland and Norway; another that focuses on integration, but also considers economic impact, as is the case in United Kingdom, France, Belgium and Italy; a third which offers limited support for returning to work, where countries like Spain, Ireland, Bulgaria, Portugal and Romania; and finally, a group in which clear support is not provided for either rehabilitation or return to work.
At the international level, in the comparative context, 13 EU countries have adopted formulas with elements not provided for in Spanish legislation. In this sense, the Scandinavian countries are establishing themselves as references, like France, for integrating innovative and advanced practices into their regulatory frameworks.
In this context, Minister Saiz’s proposal could be interpreted as an effort to align Spain with the most advanced trends in Europe in terms of occupational health. International experience indicates that, if managed correctly, sick leave flexibility can promote both worker recovery and the sustainability of the work environment, according to the experts consulted.
Several studies support it
Several scientific studies show that prolonging inactivity at work is not always necessary, but can be counterproductive. Many pathologies or injuries begin with an acute phase that is completely disabling, then move into a prolonged recovery period where symptoms diminish and the person slowly regains the abilities necessary for daily life. Furthermore, it has been shown that the longer the duration of the work stoppage, the more complicated it becomes to return to the usual position, since maladjustment to work tends to increase over time. For example, Musculoskeletal conditions, such as lower back pain or neck pain, are the main cause of work stoppage in our country. The latest scientific recommendations regarding its treatment suggest that, contrary to popular belief, it is better to avoid excessive rest and maintain moderate activity. Thus, it has been proven that adapting work functions to allow the worker to return to work promotes recovery and prevents relapses.
A similar situation is observed in workers with mental illnesswhich constitute the second cause of victims in Spain. Prolonged periods of inactivity have been shown to negatively affect self-esteem and perceptions of one’s own abilities, promoting social isolation and fueling withdrawal behaviors that can worsen their health conditions.
He cancer It is the third cause of temporary disability in our country. Workers diagnosed with this condition also face significant difficulties returning to work once their condition stabilizes. They often run the risk of being excluded from the labor market, as they may suffer consequences such as chronic pain or fatigue. However, patient associations are pleading to facilitate the reintegration of those who wish to return to work, because it is essential to regain a quality of life comparable to that which they had before the illness.
