Belgium’s 2026 Sick Leave Reform
On 30 December 2025, Belgium officially published a new law that will radically change the approach to long-term incapacity for work. From January 1st 2026, employers will have new responsibilities to reduce long-term absence and improve the re-integration of employees.
The core of this reform? Responsibility. Employees, employers and health insurance funds will all play a more active role in getting people back to work in a sustainable way.
Below, we list the most important changes, what they mean for employers and how we, as Parakar can support.
Mandatory active absence policy
Prevention is the new priority. From January 1st, 2026, employers will now be required to implement a structured absence policy aimed at preventing long-term sick leave. This includes a clear procedure setting out how and when contact will be maintained with employees during their absence.
Importantly, this procedure must be formally incorporated into the company’s employment regulations. In other words, updating your employment regulations will be mandatory.Where applicable, the Commission for Prevention and Protection at Work should also be consulted before the procedure is implemented.
New solidarity contribution for long-term absence
One of the most significant changes is financial in nature. Employers with an average of 50 or more employees will be subject to a quarterly “solidarity contribution”. This contribution amounts to 30% of the employee’s incapacity benefit for the second and third months of illness (after the first 30 days of guaranteed pay).
The National Social Security Office (NSSO) will automatically calculate and collect this contribution. Employers will receive a debit note together with their usual social security contributions in the third quarter after the start of the illness. Certain categories of employees are excluded, including temporary employees, flex workers and some temporary employees. This new policy applies to periods of incapacity for work from 1 January 2026.
Fewer days without a medical certificate
Currently, employees in companies with 50 or more employees are allowed to be absent up to three times a year (for one day each time) without a medical certificate. Smaller companies may deviate from this rule in their employment regulations.
From January 2026, this number will be reduced from three to two days per year. If your employment regulations explicitly mention the three-day rule and you want to apply the stricter two-day rule, an amendment will be necessary. Of course, employers remain free to apply more favourable arrangements.
Medical force majeure: faster procedure
The rules governing the termination of an employment contract due to medical force majeure are also changing from Janurary 1st, 2026. Previously, employers had to wait nine months of uninterrupted incapacity for work before they could start the procedure. Under the new law, this waiting period is reduced to six months. In addition, if a procedure has already been completed, the waiting period for starting a new procedure is also reduced to six months.
This speeds up decision-making in cases where reintegration into an adapted or alternative position is not possible.
Extended relapse period for guaranteed pay
Under Belgian law, employees are entitled to 30 days of guaranteed pay at the start of a period of illness. Until now, if an employee relapsed within 14 days for the same medical reason, no new period of guaranteed pay would commence. The relapse period is now, starting from January 1st 2026, being significantly extended, from 14 days to 8 weeks. If the employee becomes incapacitated for work again within eight weeks for the same reason, no new period of guaranteed pay applies.
This change increases financial predictability for employers in cases of recurring illness.
Partial resumption of work: no longer a 20-week limit
When an employee partially resumed work, there used to be a 20-week limit during which the guaranteed wage was neutralised if the employee became completely incapacitated for work again. After those 20 weeks, a new guaranteed wage period could start again.
This restriction will disappear in 2026. From now on, the neutralisation will apply for the entire duration of the partial resumption of work. If the employee becomes completely incapacitated for work again, they will immediately fall back on the health insurance fund, no new guaranteed wage period will commence.
Mandatory assessment of work potential
Another important change concerns early assessment. Employers will be required to ask the company doctor to assess the employee’s “work potential”. This cannot take place earlier than eight weeks after the start of the incapacity for work.
If the assessment shows that the employee still has work potential, employers with at least 20 employees must start a reintegration process within six months of the start of the incapacity for work. Failure to do so will no longer be without consequences. A new level 2 sanction from the Social Penal Code will apply to employers who do not comply with the rules within the prescribed period. This will take effect from 1 January 2026.
What should employers do now?
This reform is more than just a technical update. It represents a structural shift in the approach of Belgium to long-term illness and reintegration.
Employers will need to do the following:
- Review and update employment regulations
- Strengthen procedures for monitoring absences
- Prepare HR teams for additional administrative obligations
- Anticipate potential financial implications
- Closely monitor reintegration deadlines
The message is clear: proactive absence management is no longer optional, but is becoming a legal and financial necessity.
How can Parakar support
As your trusted partner for managing the entire employee lifecycle in Europe, we understand how important it is to fully comply with constantly changing local regulations. The 2026 Belgian reform on long-term sick leave and reintegration reflects a clear shift towards proactive absence management, greater responsibility for employers and stricter financial and administrative obligations.
By staying informed and preparing in a timely manner, companies can make sure they comply with the new structured requirements for absence policy, solidarity contributions, reintegration periods and updated rules for guaranteed pay. By taking the right steps now, you can avoid penalties, control costs and support the sustainable reintegration of employees.
Contact our expert team for the most accurate and up-to-date information on the return-to-work reform in Belgium, or if you have any questions about how these changes will affect your organisation. Your proactive approach to employee wellbeing and regulatory compliance will strengthen your organisation’s position as a responsible and progressive employer in the European business landscape.
Parakar is your local guide to employment in Belgium.