Return-to-work rules: what changes in 2026?

A strengthened return-to-work policy

As of 1 January 2026, several important amendments regarding incapacity for work
have entered into force. These measures form part of the legislative proposal implementing a strengthened return-to-work policy in cases of incapacity for work, which was adopted by the Belgian Chamber of Representatives on 18 December 2025.

The new framework places increased responsibility on employers to actively implement and monitor a reinforced return-to-work policy. As a result, employers are required to review and, where necessary, adapt their internal reintegration and absenteeism procedures.

For periods of incapacity for work starting from 1 January 2026, the guaranteed salary that is granted to the employee in case of illness will no longer be owed again when a new incapacity for work occurs within the first 8 weeks following the end of the period of incapacity that gave rise to the payment of this guaranteed salary.
Previously, this period was 14 days.

In addition, the following changes are particularly relevant for employers.

Active absenteeism policy

One of the key changes concerns the employer’s obligation to maintain contact with employees who are incapacitated for work.

In practice, employers must include a mandatory procedure in their employment regulations that sets out, at a minimum:

• who within the organisation is responsible for contacting the incapacitated employee; and
• the frequency with which such contact will take place.

It is important to emphasise that this procedure may under no circumstances be used to verify or challenge whether the employee’s absence for medical reasons is justified.

Medical certificate

This new rule is mandatory and, in principle, cannot be derogated from by a CLA or by the company’s employment regulations.

An exception applies only to employers with fewer than 50 employees on 1 January of the calendar year in which the incapacity occurs. These employers may still require a medical certificate for the first day of absence. 

We strongly recommend that employers update the relevant clause in their employment regulations to clearly reflect the rule applicable within the organisation.

How to prepare?

Employment regulations

Employers should review and amend their employment regulations in light of these changes, in particular by:

• incorporating an active absenteeism policy;
  and
• updating the provisions governing the obligation to submit a medical certificate (and the applicable exemptions) in the event of incapacity for work.

Given the amended legal framework, employers are strongly advised to bring their employment regulations into compliance as soon as possible.

Assistance

Our labour law team will be pleased to assist you with any questions regarding the amendment of your employment regulations. Please do not hesitate to contact us using the details below.