The prevention of incapacity for work and the reintegration of long-term sick employees received a lot of attention in the Arizona government's 2025-2029 coalition agreement. On 1 January 2026, several new provisions came into force with the aim of getting sick employees back to work more quickly and sustainably. We summarise below the most important changes for you as an employer.
Revision of work regulations
Employers have to implement an active absence policy aimed at facilitating, and preparing for, a return to work in the event of incapacity.
To this end, employers are obliged (at least) to stay in touch with sick employees, and must specify in their work regulations:
- who will contact the employee; and
- how often this contact will take place.
This contact procedure must be included in the work regulations, for which the normal amendment procedure has to be followed.
The new preventive reintegration process
An employee who is at risk of becoming incapacitated for work due to health problems can ask the employer to consider the possibility of adjustments to the workstation and/or adapted or alternative work duties in order to ward off incapacity for work.
As an employer, you are not obliged to accede to this request, but you must inform the employee of your decision as soon as you are able.
Important new deadlines in reintegration processes
- From the first day of incapacity for work: since 1 January 2026, employers have been able to start a formal or informal reintegration process from the first day of incapacity for work, if the employee agrees to this.
- After 8 weeks of incapacity for work: employers are obliged to have the prevention adviser/occupational physician assess the work potential of the employee in question after 8 weeks of incapacity for work.
- If work potential is identified, the employer can ask the prevention adviser/occupational physician to:
- invite the employee for a visit prior to returning to work (informal process); the employee is not obliged to accept this invitation; or
- initiate a formal reintegration process.
- No later than 6 months after the start of the incapacity for work: an employer who employs 20 or more employees is obliged to start a formal reintegration process no later than 6 months after the start of the incapacity for work for an employee who still has work potential.
- ⚠️ Please note: Employers with 20 or more employees who fail to start a formal reintegration process after 6 months risk incurring a penalty. For each incapacitated employee, a penal fine of EUR 500 to EUR 5,000 or an administrative fine of EUR 250 to EUR 2,500 can be imposed.
- Medical force majeure possible after 6 months: the period of uninterrupted incapacity for work that is required to initiate proceedings to terminate the employment contract on grounds of medical force majeure is reduced from 9 to 6 months.
The new solidarity contribution for employers with an average of 50 employees
When an employee is incapacitated for work for more than 30 days, an employer with an average of 50 or more employees will be liable for a solidarity contribution, which will be calculated and collected by the National Social Security Office. This contribution amounts to 30% of the sickness benefit that the employee receives from the health insurance fund during the second and third months of incapacity for work. The new solidarity contribution replaces the old quarterly responsibility contribution for employers with a high incidence of disability. As of 1 January 2027, this solidarity contribution will be extended to the fourth and fifth months of incapacity for work.
Medical certificate and guaranteed wage
The exemption from the obligation to submit a medical certificate on the first day of illness is limited to two occasions per calendar year. Employers with fewer than 50 employees may deviate from this exemption via their work regulations or a collective labour agreement and still require a certificate as from the first day of illness.
The period during which an employee is entitled to guaranteed pay in the event of a relapse after a prior work incapacity is extended from 14 days to 8 weeks.
Also for employers in the public sector
The new return-to-work policy also applies to employers in the public sector. These employers will also have to make the necessary adjustments to their employment regulations in light of an active absence policy. In addition, they will have to apply the new rules and periods for reintegration processes, for both their statutory and contractual employees. For contractual employees, account also needs to be taken of the amended rules on guaranteed pay and the new solidarity contribution, which may be payable without distinction by both private and public organisations if they have 50 or more staff members.
These new obligations require employers to draw up an absence policy that takes the new obligations into account and to adapt their work regulations, internal processes and roles in the context of the reintegration of sick employees.
