Belgian government reforms regulations on (long-term) illness and reintegration
16 Jan 2026
One of the key priorities included in the Belgian government agreement – and indispensable in their broader strategy to raise the national employment rate to 80% – is the prevention of (long-term) illness and the reintegration of individuals on long-term sickness leave. Against that backdrop, the government recently adopted a set of measures that reshape the legal framework on (long-term) illness and return to work. These measures revolve around prevention, early action in case of incapacity for work and shared accountability for all parties involved.
Changes to work regulations and rules on medical certificates
Companies are required to implement active absence management processes, aimed at facilitating and preparing the return to work of their employees who’re incapacitated to work. As part of this policy, organisations must include the procedure for keeping in touch with these employees in the work regulations.
To address low-threshold short absenteeism, the government has also tightened the ‘first day without medical certificate’ regime. The number of occasions on which an employee may be absent on a first day of illness without submitting a medical certificate is reduced from three times per year to two times per year.
Both measures entered into force on 1 January 2026.
Reform of the rules on guaranteed salary
The new legislation also amends the rules on guaranteed salary; the employer’s obligation to continue paying the employee’s normal salary during the first 30 days (in case of white-collar workers) of incapacity due to illness or accident.
First, the so-called relapse period is extended from 14 days to eight weeks. This means that an employee, after returning to work following a period of incapacity, will not be entitled to guaranteed salary if they again become incapacitated to work for the same reason within the first eight weeks following their return, instead of the only 14 days that previously applied.
Second, the rules on the entitlement to guaranteed salary during a period of partial return to work with the authorisation of the health insurance fund’s doctor are tightened. Previously, a neutralisation of the right to the guaranteed salary applied only during the first 20 weeks of an authorised partial return to work. Afterwards and during the remainder of the period of partial return to work, the employee was again entitled to guaranteed salary in case of incapacity due to illness or accident. Under the new rules, the employer’s obligation to pay guaranteed salary is neutralised for the entire period of authorised partial return to work.
These new rules apply to incapacities for work that started as of 1 January 2026.
Introduction of a solidarity contribution
The policy choice to make reintegration a shared responsibility is underlined by the introduction of a new employer solidarity contribution. As of 1 January 2026, organisations that on average employ more than 50 employees must pay a specific contribution for each of their (longer-term) incapacitated employees under the age of 55. This contribution will be due during the two months following the first 30 days of incapacity and amount to 30% of the incapacity allowance the employee receives from their health insurance fund. Specific categories of employees such as temporary agency workers and flexi-workers are, however, excluded.
Reintegration track 3.0
Several changes to the reintegration track – the formal process that’s aimed at temporarily or definitively guiding an employee who’s incapacitated to work towards adjusted or other work with their employer – were also enacted. These changes will enable quicker action in cases of incapacity and focus on an early identification of an employee’s remaining work potential; their ability to perform adapted or alternative work. This work potential will now have to be determined for every employee who’s been unfit for work for at least eight weeks. The assessment of the work potential after eight weeks of incapacity will become a key milestone in the process. Indeed, the current three-month waiting period before an employer could ask the prevention adviser - occupational physician to initiate a reintegration track has now been abolished in favour of the possibility for the employer to do so when remaining work potential was found to be present. Important to point out is that, if remaining work potential is found, employers with twenty or more employees must initiate a reintegration track within six months from the start of the incapacity for work. A new level two sanction has been added to the Social Criminal Code for non-compliance with this obligation.
Note that the employer will now even be able to initiate a reintegration track as from the start of the incapacity, however – and contrary to when remaining work potential is found – that requires the employee’s consent.
The above-mentioned changes apply to reintegration tracks that started as from 1 January 2026.
Medical force majeure
As from 1 January 2026, the waiting period for an employer being able to initiate the specific procedure for termination of the employment agreement for medical force majeure is shortened from nine months to six months of incapacity for work.
Key takeaways for organisations
Organisations will have to carefully consider the government’s reform of the regulations on incapacity for work and adapt their internal rules and practices – including their work regulations – accordingly.
If you have any questions regarding these recent reforms or would like our assistance with updating your work regulations or reviewing your internal policies, don’t hesitate to reach out; we’d love to hear from you.
