BEM Process Explained
How does the Workplace Reintegration Management (BEM) process work — step by step?
Under German law (SGB IX § 167), BEM is mandatory after 6 weeks of sick leave (cumulative, within 12 months). Steps: invitation → talk → action plan → implementation → review → closure. Employees may decline, but this must be documented.
The 6 BEM Process Steps at a Glance
| Step | What Happens | Legal Requirement |
|---|---|---|
| 1. Identify the trigger | HR/management checks: has the employee been on sick leave (AU) for ≥ 6 weeks within 12 months? | Monthly sick-leave monitoring recommended |
| 2. Invitation | Written invitation explaining purpose, voluntary participation, and data protection | Must occur before the meeting date; if a works council exists: note its participation rights |
| 3. BEM meeting | Clarify causes, possible measures, and options within the company | Low-key, not an interrogation — the employee may bring a support person |
| 4. Action plan | Agree on concrete measures: workplace adjustments, phased return, courses | In writing, with deadlines and responsibilities |
| 5. Implementation & review | Implement measures, review effectiveness after 4–6 weeks | Update records; follow-up meeting if needed |
| 6. Closure | BEM successfully completed or discontinued — document | Filed in the personnel record (separately, access restricted) |
Who is required to conduct BEM?
All employers — regardless of industry or company size. Note: this guide refers to German law. Section 167(2) of the German Social Code Book IX (SGB IX) sets no size threshold. The BEM offer must be made to every employee who has been unable to work for a total of six weeks (not necessarily consecutive) within one year.
The employer — not the employee — is responsible for initiating BEM. If management or HR passively waits for the employee to request a meeting, they are violating the duty to initiate. In practice, this responsibility often falls to HR or a dedicated BEM committee.
Where a works council exists, it has a right of participation (German Works Constitution Act, BetrVG § 80(1) No. 1). It is recommended to involve the works council from the start — this significantly increases employee acceptance.
Common Mistakes in BEM
Mistake 1 — No written invitation letter: A verbal invitation is not sufficient. The invitation letter must explain the purpose (support, not control), voluntary participation, data protection, and the right to bring a support person. Without this letter, the BEM process is not formally initiated correctly.
Mistake 2 — Holding the meeting before the invitation: BEM may not begin until the employee has received the invitation letter and had the opportunity to read it. Setting too short a deadline (e.g., "meeting tomorrow") undermines voluntary participation.
Mistake 3 — Failing to document a refusal: If an employee declines, this must be recorded in writing — including a note that declining carries no disadvantages for the employee. Without documentation, the company cannot later prove, in the event of a dismissal, that a BEM offer was made.
Mistake 4 — Positioning BEM as preparation for dismissal: As soon as employees perceive BEM as a precursor to termination, willingness to cooperate drops to zero. Communication must credibly emphasize support — and the meeting should not be led by the same supervisor who has already raised the idea of dismissal.
What happens if an employee declines BEM?
A refusal is legally permitted — participation in BEM is voluntary for the employee. The employer then has no further BEM obligations for that sick-leave period. Important: document the refusal in writing (date, content of the invitation, employee's response).
A documented refusal protects the employer in dismissal-protection proceedings: it proves the employer met its duty to initiate BEM and that the employee declined the offer. Without documentation, BEM is treated as not having been offered — with negative consequences for the employer in a dismissal case.
No disadvantage to dismissal protection for the employee: an employee who declines BEM does not lose any dismissal protection as a result. Conversely, it makes things harder for the employer in a later illness-related dismissal — since the employer must now demonstrate, without BEM findings, that all less severe measures have been exhausted.
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Key takeaways
- Under German law, BEM is mandatory after 6 weeks of sick leave — regardless of company size
- A written invitation with a data protection notice is a mandatory requirement, not optional
- An employee's refusal is permitted — but must be documented in writing
- The BEM meeting is meant as support, not an interrogation — communication determines acceptance
- Missing documentation is the biggest risk in the event of a later dismissal
Frequently asked questions
How often must an employee be offered BEM?+
Every time a new trigger threshold is reached — i.e., whenever an employee again accumulates 6 weeks of sick leave within a new rolling 12-month window. BEM is not a one-time process; it repeats each time the trigger occurs again.
Must part-time or marginally employed staff also be offered BEM?+
Yes. SGB IX § 167 does not differentiate by type or extent of employment. Mini-jobbers and fixed-term employees are also entitled to a BEM offer — provided they reach the 6-week threshold during their current employment.
What is the difference between BEM and a phased return to work (the "Hamburg Model")?+
BEM is a company-level clarification process (SGB IX § 167) that begins once the trigger is reached, including during ongoing sick leave. The Hamburg Model (a phased return to work) is a tool that can be agreed upon within BEM and then implemented once sick leave ends — it is one possible outcome of the BEM meeting, not the same as BEM itself.
Who may attend the BEM meeting?+
On the employer's side: HR and, where appropriate, the direct supervisor (if the relationship of trust is intact), plus a works council representative. On the employee's side: the employee and, optionally, a support person (a trusted individual or works council member). The company physician and the representative body for severely disabled employees may be involved but are not required to attend.
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Sources
- SGB IX § 167 — Prevention ↗
- Federal Labor Court (BAG) Ruling on the BEM Obligation (2 AZR 736/13) — Federal Labor Court Case Database ↗
Last updated: 2026-06-24. Not legal or tax advice — have your specific case reviewed by a professional.