1 January 2026: time to bring out the work regulations again

What exactly is changing?

• Fewer days without a medical certificate
  The exemption without a medical certificate is reduced from 3 to 2 days per calendar year. Less leeway, same conditions.
• Longer relapse period for guaranteed salary
  The relapse period is extended from 14 days to 8 weeks.
  If an employee becomes ill again within this period after returning to work, no new guaranteed salary is in principle owed, unless it concerns another illness or another accident.
• Partially returning to work? Complete neutralisation
  In the case of an authorised partial return to work, the guaranteed salary will now be fully neutralised, rather than only during the first 20 weeks.
• Medical force majeure: possible sooner
  The period to initiate the medical force majeure procedure decreases from 9 to 6 months of uninterrupted incapacity for work.
  A return to work only interrupts this period if it is effectively maintained.
• And of course… the work regulations
  A new obligation to include an active absence policy is introduced:
  how does the employer maintain contact with employees who are incapacitated for work?
  The legislator sets the framework, but the employer must concretely describe this in the work regulations.
• Conclusion
  More activation, more follow up, more rules and therefore more reasons to update the work regulations again. Anyone who thought last year’s version “would suffice for a while” can slowly let go of that idea.

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This article was written by Peter Stroobants