BEM Process Explained
How Does BEM (Company Reintegration Management) Work — Step by Step?
BEM is mandatory after 6 weeks of sick leave (cumulative within 12 months) under SGB IX Section 167. Core steps: Invitation → Discussion → Action plan → Implementation → Impact review → Conclusion. Employees may legally decline, and this must be documented.
The 6 BEM Process Steps at a Glance
| Step | What Happens | Legal Requirement |
|---|---|---|
| 1. Trigger identified | HR/management checks: has the employee had ≥ 6 weeks of sick leave in 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 discussion | Clarify: causes, possible measures, options within the company | Low-pressure — 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 impact after 4–6 weeks | Update the record; follow-up meeting if needed |
| 6. Conclusion | BEM successfully completed or discontinued — document it | Filed in the personnel file (separately, access restricted) |
Who Is Required to Conduct BEM?
All employers — regardless of industry or company size. SGB IX Section 167(2) sets no minimum 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 the process. If management or HR waits passively for the employee to raise it themselves, they are violating the duty to initiate. In practice, this task is often handled by HR or a dedicated BEM committee.
Where a works council exists, it has a right of participation (Works Constitution Act (BetrVG), Section 80(1) No. 1). It is recommended to involve the works council from the outset — this significantly increases the employee's acceptance of the process.
Note: This article describes obligations under German law (SGB IX, BetrVG) and applies to employers operating under German labor law. If you operate outside Germany, consult local employment law for the equivalent obligations.
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 oversight), voluntary participation, data protection, and the right to bring a support person. Without this letter, the BEM process has not been formally and properly initiated.
Mistake 2 — Holding the discussion before the invitation: BEM must 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 employer 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 step toward termination, willingness to cooperate drops to zero. Communication must credibly emphasize support — and the discussion should not be led by a supervisor who has already expressed intentions to terminate.
What Happens If an Employee Declines BEM?
A refusal is legally permitted — BEM is voluntary for the employee. The employer then has no further BEM obligations for this period of incapacity. Important: document the refusal in writing (date, content of the invitation, the 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 considered not to have been offered — with negative consequences for any dismissal.
No disadvantage to dismissal protection for the employee: an employee who declines BEM does not lose any protection against dismissal as a result. Conversely, it makes things harder for the employer in a later illness-related dismissal — since the employer must then demonstrate, without BEM findings, that all milder alternatives have been exhausted.
Related measures & topics
Key takeaways
- BEM is mandatory after 6 weeks of sick leave — regardless of company size
- A written invitation with a data protection notice is mandatory, not optional
- Employee refusal is permitted — but must be documented in writing
- The BEM discussion is about 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?+
Each time a new trigger threshold is reached — i.e., whenever an employee again reaches a cumulative total of 6 weeks of sick leave within a further 12-month window. BEM is not a one-time process; it recurs whenever the trigger occurs again.
Must part-time employees or those in marginal employment also receive a BEM offer?+
Yes. SGB IX Section 167 does not differentiate by type or scope 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 reintegration (the "Hamburg Model")?+
BEM is a workplace clarification process (SGB IX Section 167) — it begins as soon as the trigger occurs, including during ongoing incapacity to work. The Hamburg Model (phased reintegration) is a tool that can be agreed upon within BEM and then implemented after the incapacity ends — it is one possible outcome of the BEM discussion, not the same as BEM itself.
Who may attend the BEM discussion?+
On the employer's side: HR and, where the relationship of trust is intact, the direct supervisor, as well as 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 for severely disabled employees may also be involved but are not required to attend.
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Sources
- SGB IX Section 167 — Prevention ↗
- BAG ruling on the BEM obligation (2 AZR 736/13) — Federal Labour Court (Bundesarbeitsgericht) case database ↗
Last updated: 2026-06-24. This guide refers to German law (§ 167 SGB IX) and is not legal advice — have your specific case reviewed by a professional.