BEM Process Explained
How does the Workplace Reintegration Management (BEM) process work — step by step?
Under German law (SGB IX § 167), BEM is mandatory when employees have been unable to work for more than six weeks within one year, continuously or repeatedly. Steps: invitation → talk → action plan → implementation → review → closure. Participation is voluntary; a refusal must be documented.
The 6 BEM Process Steps at a Glance
| Step | What Happens | Legal Requirement |
|---|---|---|
| 1. Identify the trigger | HR or management checks: has a person been unable to work for more than six weeks within 12 months? | Ongoing review of absence data recommended |
| 2. Invitation | Written invitation explaining purpose, voluntary participation, and data protection | Must occur before the meeting date; note that the works council and the representative body for severely disabled employees are only involved with the consent of the person concerned |
| 3. BEM meeting | Clarify causes, possible measures, and options within the company | Low-key, not an interrogation — employees may bring a trusted 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 | Separate BEM file kept apart from the personnel record, access only for the BEM team; the personnel record only holds the offer, consent or refusal and the agreed measures (no diagnoses) |
Who is required to conduct BEM?
All employers are required to offer BEM — 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 more than six weeks within one year, continuously or repeatedly. This also applies to civil servants (Federal Administrative Court, BVerwG, judgment of 5 June 2014 – 2 C 22.13).
The employer — not the employee — is responsible for initiating BEM. If management or HR passively waits for employees to request a meeting, they are violating the duty to initiate. In practice, this responsibility often falls to HR or a dedicated BEM team.
Where a works council exists, it monitors whether the employer offers BEM (SGB IX § 167(2), German Works Constitution Act, BetrVG § 80(1) No. 1). It is only involved in an individual BEM case with the consent of the person concerned; the same applies to the representative body for severely disabled employees. It is recommended to involve the works council in the rules for the BEM procedure from the start — this significantly increases acceptance among employees.
Which mistakes are common in BEM?
Mistake 1 — No written invitation letter: the law prescribes no form, but a verbal invitation can hardly be proven in a dispute. The invitation letter must explain the purpose (support, not control), voluntary participation, data protection and the right to bring a trusted person. Without this information, BEM has not been properly offered.
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 the note: participation is voluntary; a refusal must not be sanctioned. 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, their willingness to cooperate drops sharply. Communication must credibly emphasize support — and the meeting should not be led by the same manager who has already raised the idea of dismissal.
A fixed procedure helps against mistakes 1 and 3: EasyWHP, which offers BGM-Kompass free of charge, guides you from the invitation letter based on a template to the documented response. Acceptance or refusal is recorded with its date in the BEM case, and HR gets a reminder if no response comes in. How EasyWHP guides you through BEM →
What happens if employees decline BEM?
A refusal is legally permitted — participation in BEM is voluntary for employees, and a refusal must not be sanctioned. The employer then has no further BEM obligations for that period of incapacity. Important: document the refusal in writing (date, content of the invitation, the employee's response).
A documented refusal relieves 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 — the employer then bears an extended burden of presentation and proof, just as if BEM had been omitted (Federal Labor Court, BAG, 20 November 2014 – 2 AZR 755/13).
No disadvantage to dismissal protection for employees: anyone who declines BEM does not lose any dismissal protection as a result. After a properly offered and documented refusal, the extended burden of presentation that would apply without BEM no longer applies to the employer. In a later illness-related dismissal, however, the employer must still show, as always, that less severe measures are not sufficient — only without the findings a BEM meeting would have provided.
Quick check
What's your company's workplace-health maturity?
Your maturity level shows how far your measures already sit within a structured health promotion process. Under German tax law, such a process is one way for measures to be tax-free up to the allowance of €600 per employee per year (§ 3 No. 34 EStG) — only your tax advisor can confirm this. Answer in about 7 minutes, no sign-up.
Start maturity check (about 7 min.)Related measures & topics
Key takeaways
- Under German law, BEM is mandatory when employees have been unable to work for more than six weeks within one year — regardless of company size.
- The invitation must explain the purpose, voluntary participation and data protection; written form is the reliable proof.
- A refusal is permitted and must not be sanctioned — but it must be documented in writing.
- The BEM meeting is meant as support, not an interrogation — communication determines acceptance.
- Missing documentation is a key risk in the event of a later dismissal.
Frequently asked questions
How often must employees be offered BEM?+
Every time a new trigger threshold is reached — i.e., whenever an employee is again unable to work for more than six weeks 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 are unable to work for more than six weeks 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 manager (if the relationship of trust is intact). On the employee's side: the person concerned and, optionally, a trusted person of their choice (which may be a works council member). The works council and the representative body for severely disabled employees are only involved with the consent of the person concerned; the company physician may be consulted where necessary — also only with consent.
Does BEM also apply to civil servants?+
Yes. § 167(2) SGB IX also applies to civil servants (Federal Administrative Court, judgment of 5 June 2014 – 2 C 22.13, German law). As for all employees, participation is voluntary; the employing authority is obliged to offer BEM.
Structure WHP Governance with EasyWHP
BEM procedure, steering committee and KPIs in one system — EasyWHP records every step for you.
Sources
- SGB IX § 167 — Prevention ↗
- Federal Labor Court (BAG), judgment of 20 November 2014 – 2 AZR 755/13 — Illness-related dismissal and BEM ↗
Last updated: 2026-06-24. Not legal or tax advice — have your specific case reviewed by a professional.