Belgium Employment Law update: new rules for employees on sick leave or with medical conditions as from 1 January 2026

Like many other EU countries, Belgium is grappling with a high work absenteeism rate, driven by long-term sick leave. Tackling the budgetary and societal challenges caused by long-term absence from work is therefore one of the Belgian government’s top priorities. Consequently, the government decided to implement new rules to encourage workers to return to work as soon and as far as medically feasible, and to require employers to support their workers in this process. 

On 1 January 2026, new regulations entered into force impacting employers when their workers are on sick leave or dealing with medical conditions. For the benefit of all HR professionals operating in Belgium, we can summarise the key legal provisions of this new legislation as follows:  

Key insights
1.  Stricter employee obligations related to medical certificates 

In Belgium, employees can be required to provide their employer with a medical certificate in case of sick leave. An exemption to this obligation applies for 3 non-consecutive days of sick leave per calendar year. This exemption still applies as of 1 January 2026, but the number of days is reduced from 3 days to 2 days per year. 

Many companies mention this exemption in their work regulations (but if not, the exemption applies automatically). A revision of the work regulations may, in such case, be required to reflect this legislative change.

Note that companies employing less than 50 employees can prevent employees from applying for the above exemption entirely. A specific entry must then be included in the work regulations. In that case, employees are always required to submit a medical certificate, without exception. 

2.  New employer obligations related to absence management (requiring a revision of the work regulations)

As from 1 January 2026, employers must include a procedure for maintaining contact with employees on sick leave in their work regulations (= mandatory HR policy for all Belgian employers). This procedure must be part of a broader absence policy. Employers will now have to revise their work regulations, in accordance with the specific rules that require concertation with employee representative bodies, or, in the absence thereof, the employees themselves.
As the legislative changes were only published a few days before 1 January, we expect the social inspection services to show tolerance and allow companies sufficient time to comply with this obligation.

3.  Earlier access to termination for medical force majeure procedure 

Subject to a specific procedure and specific conditions, the employment contract of employees on long-term sick leave can be terminated for medical force majeure. In that case, no notice period must be served, and no indemnity in lieu of notice is due. In principle, the procedure can only be initiated after 9 months of uninterrupted sick leave. As from 1 January 2026, this waiting period is reduced to 6 months. This change enables employers to take action sooner if (they believe) the employee’s medical condition definitively prevents them from ever returning to work. 

4.  Modified rules on the reintegration procedure and sanctions in case of non-compliance

Furthermore, the rules on the reintegration procedure have also been altered. Indeed, after 8 weeks of sick leave, employers must implement an assessment of the employee's work potential. The assessment is executed by the company doctor. If the assessment is positive, a reintegration procedure must be started within 6 months after the start of the sick leave. Employers who fail to do so risk a fine which can range from €200 to €4,000, to be multiplied with the number of employees.

5.  Reduced payment obligations for employers in case of an employee relapse 

Finally, changes were made relating to the payment obligations of employers. During the first 30 days of sick leave, Belgian employees are in principle entitled to continued payment of their normal salary ("guaranteed salary"). If the sick leave continues after these 30 days, no salary is due anymore (the health insurer will then pay health benefits). Specific rules exist if employees on sick leave return to work and subsequently relapse and go on sick leave again. If the relapse occurs within 14 days after the return to work, no guaranteed salary will be due (certain exceptions to this rule apply). If the relapse occurs after 14 days after the return to work, guaranteed salary will be due again. 
This period has now been prolonged from 14 days to 8 weeks, as follows:

• If the relapse occurs within 8 weeks after the return to work, no guaranteed salary will be due (certain exceptions to this rule apply).
• If the relapse occurs after 8 weeks after the return to work, guaranteed salary will be due.
   

6.  Reduced payment obligations for employers in case of a partial work resumption 

Employees on sick leave can request their employer to return to work under a modified working schedule. A full-time (100%) employee can, e.g. ask to return to work half-time (50%). If the employer accepts such a "partial work resumption", specific rules apply in case the employee goes on sick leave during the period of partial work resumption. Indeed, during the first 20 weeks of the partial work resumption, employers are not obliged to pay any guaranteed salary if the employee goes on sick leave. This cap of 20 weeks has now been abolished. As from 1 January 2026, no guaranteed salary will be due at all if sick leave occurs during a period of partial work resumption at any given moment and for the entire duration of the employee’s partial return to work.
 

If you have any queries regarding the above article or Belgium employment law, please feel free to contact bruemployment@twobirds.com 

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