Illness and Rehabilitation
Illness cases in working life often lead to complex questions within labor law, not least concerning the employer's rehabilitation responsibility and the employee's obligations. The rules are based on several different laws and, in practice, require careful consideration in each individual case.
As a law firm specializing in employment law, we assist employers with legal questions and assessments concerning illness and rehabilitation – from early interventions to return to work.
Rules for rehabilitation responsibility
There is no single legal provision within labor law that exhaustively regulates an employer's rehabilitation responsibilities. Instead, the meaning of this responsibility has evolved through a combination of several regulations and legal sources.
Rehabilitation work aims in practice to support an employee with reduced work capacity to potentially return to or maintain employment, often in collaboration between the employer, the Swedish Social Insurance Agency (Försäkringskassan), and healthcare services.
Grounds in the Working Environment Act
The rehabilitation responsibility largely stems i The Work Environment Act (1977:1160), which requires employers to prevent ill health and take measures to create a good working environment. Regulations from the Swedish Work Environment Authority specify this responsibility, particularly regarding systematic work environment management and the adaptation of working conditions.
This means that the employer should not only act in cases of illness but also work preventatively by investigating risks and adapting work arrangements when necessary.
The Social Insurance Code and cooperation with the Swedish Social Insurance Agency
The Social Insurance Code (2010:110) also has significance for rehabilitation work. According to the law, the employer is obligated to establish a plan for measures aimed at enabling the employee's return to work.
This can involve short-term adjustments or part-time work, depending on the circumstances in each individual case.
What does the employer's duty of rehabilitation entail?
The rehabilitation responsibility includes, in practice, among other things:
- Early recognition of rehabilitation needs.
- Investigate the employee's ability to work.
- Take reasonable adjustments, such as changed work tasks or working hours.
- Establish a plan for return to work.
The employer shall also follow up and document the measures taken, and ensure cooperation with the Swedish Social Insurance Agency, healthcare, and, if necessary, union representatives.
Employee's responsibility in the rehabilitation process
Rehabilitation work is not solely an employer issue. The employee has their own responsibility to actively participate in the process.
This includes, among other things, providing relevant information about one's work capacity, participating in planning and follow-up, and contributing to the implementation of proposed measures to the greatest extent possible.
The employee's lack of participation in rehabilitation measures can in some cases affect how the employer's rehabilitation responsibility is assessed. If the employee does not participate in planned interventions, it can lead to the employer being considered to have fulfilled their responsibility.
This can in turn mean that the increased protection that normally applies in case of illness is weakened or ceases, as a prerequisite for this protection is that the employee actively participates in their rehabilitation.
The role of rehabilitation in termination
The scope of responsibility is also affected by the rules on objective grounds for termination in the Employment Protection Act (1982:80). In cases of termination due to personal reasons related to reduced work capacity, it is normally required that the employer has first fulfilled its rehabilitation responsibilities and exhausted all possibilities for relocation.
This means the employer must have attempted to adapt the work or relocate to another employment before a termination for personal reasons can be considered justified.
The Labour Court's practice and individual assessments
Case law from the Labour Court has been central to further defining the limits of the rehabilitation responsibility. The assessment is often based on the circumstances of the individual case, where factors such as the size of the business, resources, and the employee's participation in the rehabilitation are taken into account.
This means that what actions are “reasonable” or “proposed” may look different in small businesses compared to large businesses.
This is how we work with rehabilitation responsibility
We help employers understand their rehabilitation responsibilities in practice, both in terms of prevention and during ongoing absences due to illness. Our starting point is to provide clear, legally sound, and operationally adapted advice.
We assist with questions concerning, for example:
- Limits of reasonable accommodation measures.
- Assessment of documentation of rehabilitation measures.
- Assessment of temporary or permanent relocation.
- Legal consequences of deficiencies in rehabilitation work.
- Assessment of whether there are objective grounds for termination.
Do you need help with illness and rehabilitation?
Gain clarity on what applies to your situation. We provide concrete and business-specific advice regarding sick leave, employer responsibilities, and rehabilitation.
Frequently Asked Questions about Illness and Rehabilitation
What does rehabilitation in case of illness and sick leave entail?
Rehabilitation for illness aims to help an employee regain or maintain their ability to work. This can include workplace adjustments, changes to job tasks, or other measures that enable a return to work.
What is a rehabilitation plan?
A rehabilitation plan is a documented plan for how an employee on sick leave will be able to return to work. It contains planned measures, timeframes, and division of responsibilities.
How far does the employer's rehabilitation responsibility extend?
The employer's rehabilitation responsibility includes taking reasonable measures to enable a return to work. The extent of this responsibility is determined on a case-by-case basis.
What are the employee's responsibilities when on sick leave?
The employee shall participate in the rehabilitation process, for example, by providing relevant information and participating in planned measures. Lacking participation may affect whether the employer has fulfilled its rehabilitation responsibilities.
What are the employer's responsibilities during long-term sick leave?
During long-term sick leave, the employer must actively work with rehabilitation, follow up on measures, and adapt the work as needed. The responsibility also includes investigating possibilities for relocation.
Who is responsible for conducting the rehabilitation investigation?
The employer is responsible for investigating the need for rehabilitation. The work is often done in collaboration with the employee, the Swedish Social Insurance Agency (Försäkringskassan), and sometimes with healthcare services.
Can I as an employee be terminated during rehabilitation?
Yes, but only after the employer has fulfilled their rehabilitation responsibilities and investigated the possibilities for adaptation and relocation. Termination may be considered if the work capacity is permanently impaired and no reasonable measures remain.