FAQ Medical check-up
When is it best to ask for a medical examination?
A medical examination can take place at any time during the period of incapacity for work:
- And/or before the employer has received a medical certificate; the report of incapacity for work is sufficient. In this case, the examining doctor can only give an opinion on incapacity for work at that time;
- And/or outside the period of guaranteed pay;
- And/or outside normal working hours; the examination should take place at a “reasonable” time. What constitutes a reasonable time is a question of fact and is decided on a case-by-case basis. As a rule, from 08:00 to 21:00 is regarded as reasonable;
- And/or on normal days off, such as Sundays and public holidays.
What constitutes “not being available to be examined”?
If employees unnecessarily make the circumstances for the medical examination more difficult this may be construed as “not being available to be examined”.
Being “available to be examined” = stating one’s home address, indicating the name on the bell and on the letterbox, checking that the bell works, checking the letterbox for any invitation card after absence or being unable to open the door (sleeping, showering, etc), allowing an examination (allowing the examining doctor to enter the living room, removing animals from the room, not allowing third parties to interfere, allowing oneself to be examined, behaving co-operatively by answering questions, providing co-operation, remaining calm, etc), allowing inspection of the medical records relating to the incapacity for work (original certificate, medication, medical reports, opinions, etc.), presenting oneself to the examining doctor at the time and date shown on the notification card, etc.
What happens if the employee does not agree with the findings of the examining doctor and wishes to appeal?
The plaintiff (in this case the employee) must, if necessary in consultation with his attending physician, recommend a medical arbitrator, and this within 2 working days (including Saturday) of the handing over of the findings of the examining doctor to the employee.
The appointment of the medical arbitrator can be done in two ways:
1. in mutual discussion between the two parties a doctor of choice is appointed
2. the plaintiff chooses unilaterally for a doctor from an official list of recognised medical arbitrators (list on the FOD website: http://www.meta.fgov.be/erkenningen)
