Procedures Before Return to Work for Employees on Health Leave | Distinction in the Roles of Medical Opinions, Interviews, and Assessment of Work Suitability
Topics covered in this article
- 📌 Pre-Reinstatement Procedures: Why Roles Must Be Divided
- ⚖️ What is stipulated by law and what is determined by the company
- 👥 What the subject judges and what it does not judge
- 📄 Medical Opinion Letter: What Should You Request?
- 🗓️ 6 Steps to the Reinstatement Process
- 🧩 Here's how we organize opinions on job suitability
- 🔐 Scope of information to convey to the department head and colleagues
- ✅ Checklist Before Returning to Work
- ⚠️ Common mistakes
- 💬 When guiding EAP together
- ❓ FAQ
Procedures Before Return to Work for Employees on Health Leave | Distinction in the Roles of Medical Opinions, Interviews, and Assessment of Work Suitability
When an employee on leave due to illness is about to return to work, the person in charge usually One doctor's opinion letter The return-to-work date is set accordingly. However, if the medical opinion merely states "able to work," the return is likely to proceed without anyone determining whether actual duties, such as shift work, handling heavy loads, or driving, can be performed immediately. This article outlines the procedures prior to return to work. Who judges what I organized them by category.
The decision on reinstatement is not made by a single person. attending physician is the state of recovery from a therapeutic perspective, Health Managers and Occupational Health Physicians is an opinion on job suitability comparing health status and job requirements, Department Head The scope of work adjustment, greeting The reinstatement date and conditions are determined in accordance with the procedures of the employment rules. Although there are no general legal provisions regarding the procedures for sick leave and reinstatement, internal company regulations are followed; however, if the disease was subject to work prohibition under the Occupational Safety and Health Act, a health manager or occupational health physician who is a doctor, etc., must consult before allowing the employee to return to work. It is a duty to listen to opinions is. Since health information is sensitive information, to the department head, not the diagnosis name Work restrictions Only deliver.
📌 Pre-Reinstatement Procedures: Why Roles Must Be Divided
Most of the problems that frequently arise during reinstatement are Judgment gap It comes from... Personnel considers the medical assessment complete given the medical opinion letter, the attending physician notes the possibility of general daily duties without knowing the company work, and the department head assigns the individual to their original position on the day of notification of reinstatement. Although all three people did their part, Is it okay for this employee to do this work right now? It becomes a state where no one has checked.
When roles are divided, this gap becomes visible. The attending physician is provided with company job information and asked specific questions; the health manager aligns the medical opinion with job requirements; the department head prepares adjustable tasks in advance; and HR gathers these results to make a decision. The HR checklist for the entire return process, including leave of absence, industrial accident leave, and parental leave, is Checklist for HR Return Support for Leave of Absence, Industrial Accident, and Reinstatement Since it was covered in [previous article], this article is Distinction in the roles of determining reinstatement after health leave Focus on.
⚖️ What is stipulated by law and what is determined by the company
The reinstatement process involves a mix of statutory obligations and internal regulations, so distinguishing between the two makes it easier to explain.
| division | detail | reason |
|---|---|---|
| court Return to work for diseases subject to work prohibition | Work was prohibited due to infectious diseases, schizophrenia or paralytic dementia, or heart, kidney, or lung diseases where there is a risk of significant worsening by work, and When making them work again You must obtain the opinion of a physician who is a health manager, an occupational health physician, or a physician who conducted the health examination in advance. You must ensure that the individual can return to work without delay once they recover their health. | Article 138 of the Industrial Safety and Health Act , Article 220 of the Enforcement Rules |
| court Return to work after restriction on hazardous work | The same medical opinion must be heard when restricting work in hazardous substances or high-pressure environments and then allowing the individual to return to work after recovery. | Article 221 of the Enforcement Rules |
| court Health Information Collection | Health information in medical opinions and diagnoses is sensitive information. Unlike other personal information separate consent It can only be processed if received or there is a legal basis, and it must be stored safely. | Article 23 of the Personal Information Protection Act |
| court Refusal to extend leave of absence or return to work | You cannot grant leave of absence, etc., without a valid reason. Delaying a request for reinstatement without grounds can cause problems, so it is important to keep a record of the basis for your judgment. | Article 23, Paragraph 1 of the Labor Standards Act |
| Recommended Reinstatement procedure for general sick leave | The application period, required documents, interview, and the authority to decide on reinstatement are not specified in the law. Employment rules, collective agreements, and personnel regulations It is determined as follows. The stages and role distribution in this text are practical recommendations. | Internal regulations |
| Recommended Business Suitability Assessment | The Corporation's guidelines provide for a procedure in which occupational and environmental medicine specialists determine suitability for returning to work after illness or injury through work analysis and functional evaluation. This is not a mandatory standard. | KOSHA GUIDE H-195-2021 |
👥 What the subject judges and what it does not judge
| Subject | Judging | Not judging | Records left behind |
|---|---|---|---|
| Attending physician (medical staff) | Treatment progress, current recovery status, medically avoidable activities and duration | Company's determination of placement and work patterns | Medical opinion (obtained and submitted by the individual) |
| Health Managers and Occupational Health Physicians | Opinion on job suitability based on a comparison of the medical opinion and job requirements, necessary work restrictions, and timing of re-examination | Final decision on reinstatement, personnel treatment | Job suitability interview records (stored separately as health records) |
| Department Head | Scope of work adjustments (substitute duties, working hours, shift scheduling), work plan for the first week back | Health status, diagnosis, treatment details | Job reorganization plan, adaptation check after return |
| greeting | Determination of reinstatement date and working conditions in accordance with employment rules, guidance on procedures, and record management | Medical judgment | Notification of reinstatement decision, agreement on work adjustment (work standards) |
📄 Medical Opinion Letter: What Should You Request?
The reason medical opinions are received only stating 'able to perform daily activities and work' is often because the attending physician is unaware of the company's business operations. At the reinstatement application stage Summary of Job Requirements If you give it to a staff member and instruct them to pass it on to the attending physician during the consultation, the medical report will be much more detailed.
| Items to request in the medical opinion letter | Example question |
|---|---|
| Time when return is possible | Whether you can work starting from ○/○/○/month, or if reduced working hours are necessary |
| Tasks and periods to avoid | Restrictions required during night and shift work, handling heavy objects exceeding a certain weight, driving and equipment operation, and work at height, and the period thereof |
| Adjustment of working hours | Whether it is necessary to reduce working hours or gradually increase them during the first few weeks |
| Treatment schedule | Do you need time during work for regular outpatient visits? |
| Re-evaluation point | When would be a good time to check the status again? |
In many cases, the diagnosis or the entire treatment history is not strictly necessary for determining reinstatement. In the medical opinion letter, business function-centered We recommend requesting that it be written down as such, and having the health management manager keep the received original separately from personnel records.
🗓️ 6 Steps to the Reinstatement Process
STEP 1. Application for Reinstatement and Procedure Guide (Approximately 4 weeks before the scheduled return date)
The HR department receives the reinstatement application and provides guidance on the required documents, interview schedule, and the decision-making process. At this time, separate consent is obtained for the collection and use of health information (specifying the items collected, purpose, accessors, and retention period).
STEP 2. Organizing Job Requirements (About 3 weeks ago)
The department head organizes the requirements for the return to work, such as work patterns, shifts, heavy lifting, driving/equipment, customer service, and business trips. The health manager reviews this and forwards it to the employee for a request for a medical certificate.
STEP 3. Receive medical opinion (about 10 days prior)
The employee obtains and submits a medical opinion from their attending physician. If the disease was subject to a work prohibition, the opinion of a physician who is the health manager, an occupational health physician, or the physician who conducted the health examination must be obtained before allowing the employee to return to work.
STEP 4. Job Suitability Interview for Health Manager and Occupational Health Doctor (Approx. 1 week ago)
We compare the medical opinion with the job requirements to determine a decision regarding immediate return, conditional return, or deferment of return for re-evaluation. If a judgment is difficult, we request an assessment of work suitability from an occupational health physician or a specialist in occupational and environmental medicine.
STEP 5. Meeting with Department Head (About 5 days ago)
Received from the health manager Only work restrictions The department head determines the work assignment, working hours, and first-week plan with the employee. If the employee wishes, a three-way meeting with the health manager is also recommended.
STEP 6. Decision on reinstatement and notification (approx. 3 days prior)
The HR department compiles the results, determines the reinstatement date and adjustment details (restricted items, period, review date), and notifies the employee in writing. It also sets the inspection schedules for the first and fourth weeks after the return.
📥 View Role Chart & Progress Chart in Excel for Pre-Return to Work Checklist
🧩 Here's how we organize opinions on job suitability
The standards for conducting worker health examinations classify the suitability for performing duties based on examination results into four categories: A, B, C, and D. Although this is not a framework established by law for determining reinstatement, when organizing opinions regarding reinstatement... Communicate using the same words It is good to refer to when doing this.
| opinion | meaning | Tasks for HR and Department Heads |
|---|---|---|
| Return as is | Original work possible under current conditions | Return date confirmed, just schedule a one-week inspection |
| Conditional return | Possible under certain conditions (work restrictions, adjustment of working hours, protective equipment, etc.) | Record the restricted items, period, and review date in an agreement and prepare alternative work. |
| Temporary restriction | Unable to perform current duties for a certain period, but able to return later. | Consult with the employee regarding alternative work assignments or adjustments to the return date, and finalize the re-evaluation date. |
| Currently unable to work | Cases where you cannot perform current work | Review of possible measures, such as job reassignment, in accordance with employment rules, and record of the basis for judgment |
In cases corresponding to a disability, changes or adjustments to working hours for rehabilitation or treatment, etc. Provision of reasonable accommodations This is a legal obligation ( Article 11 of the Act on Prohibition of Discrimination Against Persons with Disabilities Treating someone unfavorably without reasonable grounds based on their medical history can also constitute discrimination. Even if an opinion is raised that you are "currently unable to perform the job," please review the possibility of adjustment first to ensure it does not immediately lead to retaliatory measures.
🔐 Scope of information to convey to the department head and colleagues
| information | greeting | Department Head | colleague |
|---|---|---|---|
| Return to work date/employment type | share | share | Scope of work required (fact of return, division of duties) |
| Work restriction items, period, and review date | share | share | Do not share |
| Reason for leave of absence | share | Only the range you want | Do not share |
| Diagnosis, Symptoms, and Treatment Details | Do not share | Do not share | Do not share |
| Job Suitability Interview Record | Results and adjustment items only | Do not share | Do not share |
| Usage of EAP/Counseling | Do not share | Do not share | Do not share |
I will tell the department head what I heard during the health interview. What you shouldn't do It is forwarded by changing it. For example, if you write "Exclude from night shift for 4 weeks, exclude from handling over 20kg alone, review after 2 weeks" instead of the disease name, the department head can adjust the work and the employee's health information is protected.
✅ Checklist Before Returning to Work
Application/Consent
judgment
Adjustment/Decision
⚠️ Common mistakes
- Immediately assigned to original duties based solely on a medical opinion The 'ability to perform duties' in the medical opinion may not be a judgment based on company job responsibilities.
- Keep the original medical opinion in the personnel record file. It is safer to store health information separately with reduced access scope.
- Even the diagnosis was conveyed to the department head. What is needed for work adjustment is not the name of the disease, but the restrictions and duration.
- There is no end date for work adjustments If there is no review date, the adjustment will continue endlessly or, conversely, end without any confirmation.
- Repeating the same questions in every interview Separating the purpose of health consultations and department head consultations, and carrying over the results of the previous consultation to the next, reduces the burden on employees.
💬 When guiding EAP together
Before and after returning to work, psychological burdens such as adjusting to work, relationships with colleagues, and concerns about relapse may accompany the process. While EAP does not replace medical judgment, it can help employees cope with these burdens. Without informing the company This is a channel for counseling. It is included as an optional feature in the reinstatement notice, and the principle is not to ask about its use or receive reports on it (obligation to guarantee anonymity when implementing EAP, Article 83 of the Framework Act on Labor Welfare The scope of HR support when fatigue persists after returning is How much support should HR provide when a returning employee continues to complain of fatigue? Please refer to this.
❓ FAQ
Q1. Do I have to have both an interview with the health manager and an interview with the department head?
Although not mandated by law, it is recommended to conduct both because their purposes differ. The health interview covers health status and work restrictions, while the department head interview deals with work assignment and adjustments. If you are concerned about the employee's burden, you may conduct them consecutively on the same day, or proceed with a single three-party interview with the employee's consent. The health interview must come first.
Q2. Can a health manager not make a judgment on job suitability if they are not a physician?
In cases prescribed by law, such as the return to work for a disease subject to work prohibition, the opinion of a physician who is a health manager, an occupational health physician, or the physician who conducted the health examination must be obtained. In other cases of general sick leave, a nurse health manager may compare the medical opinion with the job requirements and formulate an opinion on work restrictions; if it is difficult to make a judgment, they refer the matter to an occupational health physician or a specialist in occupational and environmental medicine.
Q3. What should I do if the medical opinion differs from the company's judgment?
Respect the medical opinion but re-evaluate it based on the company's job information. Communicate specific job requirements to the attending physician to request an additional opinion, or supplement the evidence by obtaining a work suitability assessment from an occupational health physician or occupational and environmental medicine specialist. The judgment process and rationale are documented.
Q4. Is the same procedure applied to employees who have received medical treatment due to a work-related injury?
The company's internal reinstatement procedures can be operated as usual. However, if the disability benefit recipient is reinstated to their original workplace and employment is maintained, support systems such as the Korea Workers' Welfare Service's return-to-work support fund are available. Korea Workers' Welfare Service Return to Work Support Guide Please check together ( Article 75 of the Industrial Accident Compensation Insurance Act ).
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📚 Source and Verification Criteria
- Article 138 of the Occupational Safety and Health Act (Prohibition and Restriction of Work for Persons with Diseases)
- Article 220 of the Enforcement Rules of the Occupational Safety and Health Act (Prohibition of Work by Sick Persons)
- Article 221 of the Enforcement Rule of the Occupational Safety and Health Act (Restriction on Work for Persons with Diseases)
- Article 23 of the Labor Standards Act
- Article 23 of the Personal Information Protection Act (Restrictions on the Processing of Sensitive Information)
- Article 11 of the Act on Prohibition of Discrimination Against Persons with Disabilities and Remedy of Rights
- Standards for Conducting Worker Health Examinations (Notice from the Ministry of Employment and Labor)
- KOSHA GUIDE H-195-2021 Basic Guidelines for Work Suitability Assessment of Workplace Workers (Search on Industrial Safety Portal)
- Article 75 of the Industrial Accident Compensation Insurance Act · Korea Workers' Welfare Service Return to Work Support
Date of legal verification: October 20, 2026. This article is a practical guide and does not substitute for legal or medical judgment in individual cases. Please check your company's employment rules, collective agreements, and personnel regulations first regarding sick leave and reinstatement procedures.
👉 Prepare for returning employees' mental readjustment as well.
If you need counseling channels or manager guidance that employees can use without burden before and after returning to work, please contact Nudge EAP.
Inquire about EAP ImplementationHealth Management | psychological counseling | Safety Management | Organizational culture | greeting
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