New rules on work incapacity take effect 1 January 2026

The federal government has announced significant changes to the labour market. New rules concerning workers with work incapacity will come into force on 1 January 2026. It is important to inform yourself now about these measures and understand their impacts on your rights and obligations.

This AI-generated translation may contain errors and should not be considerd legal advice. For accurate info, refer to the Dutch or French version or consult your Securex Legal Advisor.

The implementation of an active policy regarding absence

From now on, your labour regulation must include a procedure to maintain contact with workers in work incapacity. This document should clearly state how and when to contact your workers who are unable to work.

The exemption from submitting a medical certificate limited to 2 times a year

If your company had not deviated from this, workers could previously skip providing a medical certificate for the first day of work incapacity up to three times a year. This option is now limited to two times a year.

To learn more about the exemption from submitting a medical certificate, please consult our sheet « Second obligation: submit a medical certificate to the employer ».

Medical force majeure becomes possible after 6 months of incapacity

Before terminating the employment contract due to medical force majeure, a procedure must be followed to establish the worker's permanent unfitness for the agreed work.

Starting from January 1, 2026, this procedure can be initiated when your worker has been in work incapacity for at least 6 uninterrupted months, instead of the previous 9 months. The other conditions still apply.

To learn more about medical force majeure, please consult our sheet « What is medical force majeure? ».

Extension of the relapse period to 8 weeks

Relapse now entitles workers to guaranteed pay only after 8 weeks of returning to work, instead of the previous 14 days.

In other words, as the employer, you are not required to pay guaranteed pay to a worker who falls back into work incapacity for the same reason within 8 weeks following the end of a previous incapacity that resulted in the payment of guaranteed pay.

To learn more about the concept of relapse, please consult our sheet « When is it a matter of relapse? ».

Neutralisation of guaranteed pay during the entire duration of partial resumption of work

If your worker becomes ill or has a private life accident during a partial resumption of work authorised by the medical officer, they will immediately be the responsibility of the mutual insurance. This rule applies throughout the entire period of partial resumption of work. Therefore, your obligation to pay them guaranteed pay after 20 weeks of resumption is removed.

Effective date ?

These changes will take effect from January 1, 2026.

What does Securex do for you ?

Do you have any questions about these 5 new rules regarding work incapacity? Your Legal Advisor is here to help. Contact them now by email at myHR@securex.be.