Section 4-6. Particularly concerning adaptation for employees with reduced capacity for work
(1) If an employee suffers reduced capacity for work as a result of an accident, sickness, fatigue or the like, the employer shall, as far as possible, implement the necessary measures to enable the employee to retain or be given suitable work. The employee shall preferably be allowed to continue his normal work, possibly after special adaptation of the work or working hours, alteration of work equipment, work-oriented measures or the like.(2) If, pursuant to the first paragraph, it is appropriate to transfer an employee to other work, the employee and the employees' elected representatives shall be consulted before deciding the matter.(3) Unless regarded as evidently unnecessary, the employer shall in consultation with the employee prepare a follow-up plan for return to work following an accident, sickness, fatigue or the like. Work on the follow-up plan shall commence as soon as possible, and the plan shall be prepared at the latest when the employee has been wholly or partly absent from work for four weeks. The follow-up plan shall contain a review of the employee's responsibilities and capacity for work. The plan shall also contain appropriate measures by the employer, appropriate measures involving the assistance of the authorities and plans for further follow-up. The employer shall ensure that the follow-up plan is communicated to the health professional responsible for granting sick leave as soon as it is prepared and after four weeks at the latest. The employer shall moreover ensure that the updated plan is sent to the Labour and Welfare Service at the latest one week before dialogue meetings called by the Labour and Welfare Service, cf. section 25-2, third paragraph of the National Insurance Act.(4) The employer shall summon the employee to a dialogue meeting concerning the contents of the follow-up plan at the latest within seven weeks after the employee has been wholly absent from work owing to an accident, sickness, fatigue or the like unless this is clearly unnecessary. In the case of employees who are partly absent from work for the above reasons, such a meeting shall be held when deemed appropriate by the employer, the employee or the health professional responsible for granting sick leave. If so wished by both the employer and the employee, or by the employee only, the health professional responsible for granting sick leave shall be summoned to the dialogue meeting. In the event of extraordinary circumstances associated with the working situation of the health professional responsible for granting sick leave, he or she may be exempted from the obligation to participate in the dialogue meeting. The Labour and Welfare Service, occupational health service and other relevant actors may be summoned if so wished by the employer or employee. The same applies to other relevant actors, with the exception that medical personnel who are treating or have treated the employee may not be summoned if the employee objects to this.(5) The employer shall be able to document how the provisions concerning the follow- up plan and dialogue meeting have been followed up, including the persons who were summoned to and attended the dialogue meeting.(6) The Ministry may by regulation issue further provisions concerning the implementation of the requirements of this section.
