Pre-takeover and takeover inspections: What's Changing

A physician's obligation to inform the employer about the scheduling of a pre-return-to-work medical examination

As a reminder, a pre-return-to-work visit may be arranged for employees who have been on sick leave for more than thirty days. It is initiated by the employee, the attending physician, the health insurance provider’s medical services, or the occupational physician once the employee’s return to work is being considered.

Unless the employee objects, the occupational physician must now notify the employer that a pre-return-to-work examination has been scheduled. Previously, only the recommendations made were communicated to the employer.
As a result, even if no recommendations are made, the employer is notified that a pre-return-to-work examination has taken place.

Addition of an exemption from the follow-up visit

As a reminder, a return-to-work evaluation must be scheduled within 8 days of the employee’s return to work in the following cases:

• after maternity leave ;
• after an absence due to an occupational illness;
• after an absence of at least 30 days due to an industrial accident ;
• after an absence of at least 60 days due to illness or non-work-related accident.

Unless requested by the occupational physician, the employer, or the employee, a return-to-work medical examination is no longer required when all of the following conditions are met:

• the employee underwent a pre-return-to-work medical examination within the 30 days prior to actually returning to work;
• During this visit, the occupational physician concluded that no individual measures to modify, adapt, or redesign the workstation, nor any adjustments to the work schedule, were necessary for the employee to return to work.