The coalition agreement outlines the government's plans to restore the country's financial health. Getting more people into work is one of the main objectives. They aim to reverse the annual increase in long-term incapacity for work. The government emphasizes the shared responsibility of all involved parties in this regard. A “Back-To-Work barometer” will be created as a monitoring tool. They aim for improvement at all levels: preventing health problems, preventing absenteeism due to health problems, and returning to work as quickly as possible in case of absenteeism. They want to increase the income difference between work and benefits, making working more attractive.
Note: the coalition agreement is a statement of intent. Before anything effectively changes, the necessary legal texts and implementing decrees must have been published in the Official Gazette. What follows should therefore be read with some reservation. We do not expect the implementation date of the new legal texts before mid-2026.
Prevention through an absence management policy
An absence management policy as prevention of absenteeism will be enshrined in the welfare law and the labour regulations law. Premed already offers support to affiliated employers to develop an absence management policy.
Larger employers will have to bear 30% of the sickness benefit after the period of guaranteed salary. SMEs are exempt from this measure.
Mandatory reintegration
All necessary instances will be able to collaborate in a common incapacity for work file. This file is already taking its first steps in the form of a digital “Trio” communication platform. This Trio platform will allow the different doctors (treating, occupational, and health insurance fund doctor) to exchange information confidentially. Treating physicians initiate this by reporting incapacities for work lasting more than one month.
After one month of absence, the occupational physician informs the employee of their possibilities and triages based on the available information. This can be done using a “quick-scan”.
Employers must ask the external prevention service to assess the work capacity after 8 weeks of absence.
Employers will be able to start a reintegration trajectory immediately from the first day of incapacity. Employers with more than 20 employees are obliged, under penalty of “a sanction,” to start a reintegration trajectory from 6 months of incapacity.
Employees will even be able to start a reintegration trajectory prior to the incapacity, but employers are not obliged to comply (sic).
Reintegration will also be possible outside the company, without the employee necessarily being dismissed. This will presumably happen through cooperation with the regional employment services.
Force majeure medical reasons
Termination of the employment contract due to force majeure medical reasons may apply to an employee declared permanently unfit for the position in the company after 6 instead of 9 months.
The mandatory contribution to the Back To Work (BTW)-fund is always due upon termination of the agreement instead of only when the employer takes the initiative.
Sick notes and treating physicians
The possibility to take 3 days of sick leave without a sick note disappears.
In “certain cases,” the sick certificate is transformed into a “fit note,” whereby the treating physician, in consultation with the occupational physician via “Trio,” can describe what the employee is still capable of.
After 2 months of sick leave, one treating physician must be the “responsible treating physician,” who then serves as the point of contact for the occupational physician and the health insurance fund doctor.
The prescribing behaviour of the treating physician will be scrutinized. A reporting point for suspicious certificates will be created at the SIOD. Sanctions are foreseen.
Employee responsibility
In case of non-cooperation with a reintegration trajectory, the reduction of benefits increases from 2.5% to 10%. Guaranteed salary or benefits can be suspended for not responding to an invitation from the occupational or advising health insurance fund doctor.
Employers will only have to pay guaranteed salary again in case of a relapse after a worked period of at least 8 (instead of 2) weeks of employment according to the agreed work schedule.
On the other hand, partial resumption of work is made administratively easier.
Health insurance funds
Funding will become more dependent on the success of reintegrating long-term sick individuals into the labour market.
Regional employment services
As the title states, these are not Federal, but Regional. The (Federal) coalition agreement aims for cooperation and a multidisciplinary approach there. It remains vague otherwise.
Sources
- Federal coalition agreement 2025-2029; formateur Bart De Wever; 31/1/2025
