The new year brings the introduction of new rules for employees on long-term sick leave. Preventing incapacity for work and supporting the reintegration of long-term ill employees has been a key priority of the “Arizona” government. Nearly one year after the government was formed, the relevant texts have now been published in the Belgian State Gazette and entered into force on 1 January 2026.
Below is a summary of the main changes and key points.
Reinstatement process 3.0
Reinstatement process from the first day of incapacity for work
As of 1 January 2026, employers may (but are not obliged to) initiate the formal reinstatement process from the first day of incapacity for work, provided the employee gives their consent. Previously, employers had to wait until the employee had been continuously incapacitated for three months before starting this process.
Mandatory assessment of work potential after 8 weeks
After eight weeks of incapacity for work, employers must have the employee’s “work potential” assessed by the prevention advisor–occupational physician (PAOP) and their nursing staff.
If the assessment indicates that the employee has work potential, employers with at least 20 employees are required to ask the PAOP to initiate the reinstatement process within six months from the start of the incapacity for work. This obligation applies to incapacities commencing on or after 1 January 2026.
Employers with at least 20 employees who fail to initiate the reinstatement process risk level 2 sanctions under the Social Criminal Code. These include criminal fines of up to €4,000 or administrative fines of up to €2,000, multiplied by the number of employees concerned.
Obligation to provide a medical certificate
Up to and including 31 December 2025, employees who were absent for a period of one day were not required to justify their absence with a medical certificate. This exemption applied a maximum of three times per calendar year. Employers employing less than 50 employees could, however, deviate from this exemption in their work rules (and therefore request a medical certificate for each absence).
From 1 January 2026, the number of one-day absences for which no medical certificate is required will be reduced to two on an annual basis.
Extension of relapse period for the payment of guaranteed salary
Up to 31 December 2025, employees who were absent for their full period of guaranteed salary, resumed work for at least 14 days and then relapsed, were again entitled to a full period of guaranteed salary. In practice, this often led to (a perception of) abuse: employees would, after each period of guaranteed salary, resume work for 14 days and then go sick again, whilst keeping their right to guaranteed salary. In order to limit instances of abuse, the so-called relapse period of 14 days will, for incapacities starting on 1 January 2026, be extended to 8 weeks. Employees who resume work for short periods after a period of incapacity for work will, consequently, no longer be entitled to guaranteed salary paid by their employer.
Active Absenteeism Management Policy in Work Rules
Employers must include a procedure in their work rules outlining who maintains contact with employees on sick leave and how frequently. This forms part of an active absenteeism management policy, which is not intended to question the employee’s medical condition, but to support a smooth return to work.
Medical Force Majeure
As of 1 January 2026, employers may initiate a termination procedure based on medical force majeure after six months of incapacity for work, down from nine months.
New Employer Solidarity Contribution
Employers with at least 50 employees must pay a new solidarity contribution equal to 30% of the sickness benefits paid by the health insurance fund for the second and third month of incapacity for work. The contribution is not due, however, for employees aged at least 55 at the outset of the incapacity for work.
This contribution is calculated by the National Social Security Office from the 31st day of incapacity for work and is collected together with the employer’s social security contributions for the relevant quarter.
The measure aims to encourage employers to take an active role in preventing long-term absence and promoting early reintegration, replacing the former responsibility contribution linked to excessive disability inflows. It entered into force on 1 January 2026 and applies to incapacities commencing on or after that date.
Impact on employers
Employers face increased obligations in relation to return-to-work processes, including:
- mandatory assessment of work potential after eight weeks of incapacity for work;
- in certain cases, mandatory initiation of the reinstatement process; and
- inclusion of sickness-absence contact procedures in work rules.
Employers are therefore advised to review and update their internal policies and work rules to ensure compliance with the new regulations.
The new year brings the introduction of new rules for employees on long-term sick leave. Preventing incapacity for work and supporting the reintegration of long-term ill employees has been a key priority of the “Arizona” government. Nearly one year after the government was formed, the relevant texts have now been published in the Belgian State Gazette and entered into force on 1 January 2026.
Below is a summary of the main changes and key points.
Reinstatement process 3.0
Reinstatement process from the first day of incapacity for work
As of 1 January 2026, employers may (but are not obliged to) initiate the formal reinstatement process from the first day of incapacity for work, provided the employee gives their consent. Previously, employers had to wait until the employee had been continuously incapacitated for three months before starting this process.
Mandatory assessment of work potential after 8 weeks
After eight weeks of incapacity for work, employers must have the employee’s “work potential” assessed by the prevention advisor–occupational physician (PAOP) and their nursing staff.
If the assessment indicates that the employee has work potential, employers with at least 20 employees are required to ask the PAOP to initiate the reinstatement process within six months from the start of the incapacity for work. This obligation applies to incapacities commencing on or after 1 January 2026.
Employers with at least 20 employees who fail to initiate the reinstatement process risk level 2 sanctions under the Social Criminal Code. These include criminal fines of up to €4,000 or administrative fines of up to €2,000, multiplied by the number of employees concerned.
Obligation to provide a medical certificate
Up to and including 31 December 2025, employees who were absent for a period of one day were not required to justify their absence with a medical certificate. This exemption applied a maximum of three times per calendar year. Employers employing less than 50 employees could, however, deviate from this exemption in their work rules (and therefore request a medical certificate for each absence).
From 1 January 2026, the number of one-day absences for which no medical certificate is required will be reduced to two on an annual basis.
Extension of relapse period for the payment of guaranteed salary
Up to 31 December 2025, employees who were absent for their full period of guaranteed salary, resumed work for at least 14 days and then relapsed, were again entitled to a full period of guaranteed salary. In practice, this often led to (a perception of) abuse: employees would, after each period of guaranteed salary, resume work for 14 days and then go sick again, whilst keeping their right to guaranteed salary. In order to limit instances of abuse, the so-called relapse period of 14 days will, for incapacities starting on 1 January 2026, be extended to 8 weeks. Employees who resume work for short periods after a period of incapacity for work will, consequently, no longer be entitled to guaranteed salary paid by their employer.
Active Absenteeism Management Policy in Work Rules
Employers must include a procedure in their work rules outlining who maintains contact with employees on sick leave and how frequently. This forms part of an active absenteeism management policy, which is not intended to question the employee’s medical condition, but to support a smooth return to work.
Medical Force Majeure
As of 1 January 2026, employers may initiate a termination procedure based on medical force majeure after six months of incapacity for work, down from nine months.
New Employer Solidarity Contribution
Employers with at least 50 employees must pay a new solidarity contribution equal to 30% of the sickness benefits paid by the health insurance fund for the second and third month of incapacity for work. The contribution is not due, however, for employees aged at least 55 at the outset of the incapacity for work.
This contribution is calculated by the National Social Security Office from the 31st day of incapacity for work and is collected together with the employer’s social security contributions for the relevant quarter.
The measure aims to encourage employers to take an active role in preventing long-term absence and promoting early reintegration, replacing the former responsibility contribution linked to excessive disability inflows. It entered into force on 1 January 2026 and applies to incapacities commencing on or after that date.
Impact on employers
Employers face increased obligations in relation to return-to-work processes, including:
- mandatory assessment of work potential after eight weeks of incapacity for work;
- in certain cases, mandatory initiation of the reinstatement process; and
- inclusion of sickness-absence contact procedures in work rules.
Employers are therefore advised to review and update their internal policies and work rules to ensure compliance with the new regulations.