On 18 December 2025, the Belgian federal government approved the act to strengthen the "back-to-work" policy for employees on sick leave. Alongside the Royal Decree of 17 December 2025, which amends the Codex Well-Being on employee reintegration, this act introduces changes for employers. These rules apply from 1 January 2026, except for reintegration trajectories already started before that date.
#1 Active absence policy in work rules
The work rules must include a procedure to maintain contact with employees who are on sick leave. The work rules must specify who will contact the employee and how often. The normal procedure to change the work rules must be followed. This procedure only aims to prepare and support the return to work. It is not intended to verify whether the absence for health reasons is justified.
#2 Changed reintegration policy
Since 1 January 2026, employers must ask the prevention advisor-doctor to assess work potential for any employee who has been unable to work for at least 8 weeks. If the assessment shows the employee has work potential, the employer must request the prevention advisor-doctor to initiate a reintegration trajectory within 6 months after the start of the incapacity. Also, employers may now start a reintegration trajectory immediately if the employee consents, rather than waiting 3 months.
#3 Allowance
After starting a reintegration trajectory, the employee will meet the prevention advisor-doctor for an assessment. The prevention advisor-doctor verifies whether the employee can return to work (later) and under what conditions or modalities. From 1 January 2026, if an employee is not present on a physical appointment without valid reason, their allowance is stopped. This was not the case before. The act suggests this will happen automatically, although it remains unclear whether (or how quickly) this will effectively be done in practice.
#4 Employer responsibility contribution
Employers must pay a quarterly responsibility contribution for adult employees who were under 55 at the start of incapacity and are recognized as unable to work for more than 30 days. Employers with fewer than 50 employees on average are exempt from paying the contribution. The rule also does not take into account certain workers like temporary agency workers and flexi-job employees. The contribution only applies during the first year of incapacity.
The quarterly contribution is equal to 30% of the sum of the primary incapacity allowances due for a period of two months, calculated from date to date, starting from day 31 of the incapacity. No contribution is payable during periods of authorised work resumption.
#5 Reduction of "no medical certificate" days (baaldagen)
Employees may now use the option to not provide a medical certificate for the first day of incapacity only twice per calendar year. Previously, this was three times. Companies with fewer than 50 employees can still deviate from this rule through a collective labour agreement or their work rules.
#6 Medical force majeure
If an employee is permanently unable to perform the agreed work due to illness or accident, the employment contract can be terminated for medical force majeure. The procedure may now be initiated after 6 months of uninterrupted incapacity, rather than 9.
#7 Relapse after incapacity
During the first 30 days of incapacity, the employer must pay the guaranteed salary to its employee. If an employee returns to work but falls ill again with the same incapacity within 14 days, the employer did not have to pay the guaranteed salary again (provided he paid the 30 days). This relapse period has now been extended to 8 weeks.
#8 Criminal sanction
Employers who fail to request the prevention advisor-doctor to start a reintegration trajectory after a positive work potential assessment risk a fine of up to EUR 4,000 per employee (capped at 100 employees). This applies only to employers with 20 or more employees.
