New rules around resuming work after illness or disability

1. Fewer absences without a medical certificate

Until recently, an employee could report one day of absence without a medical certificate three times per calendar year. From January 1, 2026, this will be limited to two days per calendar year. The exception for companies with fewer than 50 employees will remain. It is appropriate to adjust this in the labor regulations.

2. Mandatory assessment of work potential after 8 weeks

Is an employee sick for more than eight weeks? Then, as of 2026, you as an employer are obliged to ask the prevention advisor-labor doctor to estimate the work potential via a standardized questionnaire. If it turns out that the employee has work potential, employers with 20 or more employees are obliged to start a reintegration program within a period of six months from the beginning of the disability. In case of non-compliance with this obligation, the Social Penal Code provides for a Level 2 sanction.

3. Active absence policy

An important novelty is the obligation of an active absence policy in the labor regulations. Employers must lay down a clear procedure for contacting incapacitated employees, stating at least who the incapacitated employee will be contacted by and the frequency of contact.

4. Faster reintegration process

From now on, the employer can initiate a reintegration process from the first day of incapacity for work, provided the employee agrees.

5. Ability to communicate visit prior to return to work on a regular basis

The employer was already obliged to inform employees about the possibility of requesting a pre-employment visit (in case of work disability) Now it is also legally anchored that the employer must do this on a regular basis. In addition, the employer himself can now also request the prevention advisor-labor doctor to invite an incapacitated employee for a pre-employment visit. There is no obligation on the employee to accept this.

6. Employee may request adjustment of work position

An employee who (almost) drops out due to health problems may ask the employer whether it is possible to adjust his work position or function. The employer must answer this question as soon as possible and may seek advice from specific prevention advisors.

7. Shorter waiting period for medical force majeure

The period to initiate the "medical force majeure" procedure will be shortened from 9 to 6 months of continuous disability.

8. New solidarity contribution for larger employers.

From now on, employers with an average of 50 (or more) employees will pay a quarterly solidarity contribution for incapacitated employees between the ages of 18 and 54 (unless a legal exception applies). The date of commencement of incapacity for work is taken as reference.

This contribution amounts to 30% of the primary disability benefits in months 2 and 3 of incapacity for work.

The old "responsibility contribution" payable by an employer if there was an excessive inflow of employees into disability was abolished.

9. Extension of resumption period for guaranteed wages.

Only if there are at least 8 weeks between two periods of disability does entitlement to guaranteed pay arise again. An exception applies if it can be proven, on the basis of a medical certificate, that the (second) absence is due to another illness.

The resumption period of 14 calendar days was thus increased to 8 weeks. The employee is still entitled to the balance of the guaranteed salary if it was not exhausted during the first period of incapacity for work.

10. No more entitlement to guaranteed salary in case of partial return to work

If, during a period of partial resumption of work, a person became incapacitated for work again with the permission of the advisory doctor of the health insurance fund, there was no entitlement to guaranteed pay during the first 20 weeks of resumption of work. Only at the end of this period could entitlement to guaranteed pay be restored.

From now on, an employee will no longer be entitled to guaranteed pay during the entire duration of partial work resumption (with the approval of the advisory doctor of the health insurance fund) in the event of a return to full disability. Like the measure above, this measure only applies to new incapacities for work starting Jan. 1, 2026. Thus, a current period of guaranteed pay will not be interrupted.

How can Vandelanotte support you?

New regulations bring new obligations. Vandelanotte can help you to:

• adapt your labour regulations correctly and on time;

• Draw up a well thought-out and compliant absence policy;

• efficiently integrate reintegration procedures into your HR policy.

Contact us via the contact form below or your regular account manager.