The Ministry of Labor updated its questions and answers on childcare and vulnerable persons on 22 February 2023, including the part on accompanying persons who have been away from work for a long period and on any arrangements to be made for their protection. The Ministry recalls that the employer is responsible for the health and safety of employees.

As such, he must, in the context of an exchange with the employee concerned and preferably in relation to an occupational health professional, provide for the measures necessary to ensure his protection at the workplace.

These protective measures may include, in particular:

• the provision of an individual office or, if this is not possible, the arrangement of the work space to avoid overcrowding;
• adapting timetables to avoid peak times or, where this is not possible, taking over individual modes of transport;
• vigilance regarding the wearing of masks and observance of protective measures in meeting rooms or other confined spaces where the vulnerable employee is present;
• providing access to communal catering areas to allow barrier gestures to be respected or, if this is not possible, seeking alternative solutions.

If the workplace allows, telework may be considered, based on an agreement between the employer and the vulnerable employee.

Role of occupational health services

The Ministry of Labor recommends that employers ask the Occupational Health Service to arrange a return visit, even if it is not “mandatory by regulation.” This visit can also be arranged at the request of the employee.

Prevention and occupational health services are competent to define and implement appropriate prevention measures and can assist employers in preparing for the return of vulnerable employees to company.

They can also provide psychological support to workers vulnerable to COVID-19 who have been away from their jobs for a long time.

The Occupational Disintegration Prevention Unit (PDP) may provide guidance on measures to facilitate return to work, including therapeutic part-time work or other measures to enable gradual return to work and rehabilitation at work.

Avoiding discrimination against vulnerable employees

The Ministry of Labor reminds employers that vulnerable employees who return to company must not be discriminated against: “any decision by the employer (promotion, sanctions, transfer, dismissal, training...) must be made according to professional criteria and not on personal considerations, based on factors outside the workplace.”

“If the vulnerable employee is declared unfit by the occupational physician, the employer must follow a strict procedure and in particular seek all possibilities of reclassification before being able to dismiss him.”

In the event of discrimination, the employee may apply to the labor inspector or the Defender of Rights.