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BEM explained: Process, rights and opportunities

After a long period of illness, returning to work often raises open questions: Can I manage my tasks again? What needs to change so that it does not happen again? This is exactly where workplace reintegration management (Betriebliches Eingliederungsmanagement, BEM) comes in. It is a legal requirement for employers in Germany – and yet, in practice, it is often treated as a mere formality.

What is BEM?

BEM is regulated in Section 167(2) of the German Social Code, Book IX (SGB IX). If employees are unable to work for more than six weeks within one year, either continuously or repeatedly, the employer must offer them BEM. The aim is to clarify together

The obligation applies to all employers, regardless of size, and to all employees – not only to people with severe disabilities.

Voluntary for employees, mandatory for employers

For employees, BEM is voluntary. They decide whether to take part, who is involved and what information they share. Declining must not lead to any disadvantage. Diagnoses do not have to be disclosed; the focus is on the impact on work, not on the illness itself.

For employers, however, the offer is mandatory. Failing to offer proper BEM also has employment-law consequences: according to the case law of the German Federal Labor Court, a dismissal on grounds of illness becomes much harder to justify without prior BEM.

How BEM works

The BEM process at a glance
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  1. Trigger: more than six weeks of incapacity for work within twelve months.
  2. Invitation: a written offer with information on goals, voluntariness and data protection.
  3. Initial meeting: goals, process and participants are clarified together.
  4. Analysis: what does the job require, and what is currently possible?
  5. Agree on measures: e.g. adjusting tasks, working hours or the workplace, a gradual return to work, or training.
  6. Implementation and review: are the measures working? Adjust if needed.
  7. Closure: the outcome is recorded.

Who is involved?

Besides the employee and the employer, the following can be involved – with the employee’s consent: the works council, the representative for employees with severe disabilities (where applicable), the company doctor, as well as rehabilitation providers or the integration office.

Data protection and trust

BEM involves particularly sensitive health data. It does not belong in the personnel file, but in a separate BEM file accessible only to those directly involved. Transparency about how this data is handled is the most important prerequisite for employees to accept the offer.

What makes BEM work

Research on return to work shows that the most effective approaches combine several levels – support for the person, workplace adjustments and good coordination between everyone involved (Cullen et al., 2018). Practice adds further success factors:

Conclusion

BEM is much more than a legal obligation. Done well, it helps employees return to work in good health and helps companies retain experienced staff. What matters is trust, a clear process and measures that address the work itself.

Would you like to introduce or improve a BEM process in your organization, or do you need support with individual cases? Learn more under Workplace Reintegration (BEM) for Companies.

This article is for general information and does not constitute legal advice.

References

  1. German Social Code, Book IX (SGB IX), Section 167(2) – Workplace reintegration management (BEM).
  2. Cullen, K. L., Irvin, E., Collie, A., Clay, F., Gensby, U., Jennings, P. A., Hogg-Johnson, S., Kristman, V., Laberge, M., McKenzie, D., Newnam, S., Palagyi, A., Ruseckaite, R., Sheppard, D. M., Shourie, S., Steenstra, I., Van Eerd, D., & Amick, B. C., III. (2018). Effectiveness of workplace interventions in return-to-work for musculoskeletal, pain-related and mental health conditions: An update of the evidence and messages for practitioners. Journal of Occupational Rehabilitation, 28(1), 1–15. https://doi.org/10.1007/s10926-016-9690-x
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