The critical timeline in 2026: 4 and 8 weeks
The cornerstone of the strengthened return-to-work policy is active and strict follow-up during the first phase of incapacity for work. The goal is to maintain contact between employer and employee, prevent social isolation, and enable a quicker transition towards a feasible return to work.
- After 4 weeks: mandatory notification to the prevention service. If an employee is continuously incapacitated for work for four weeks, you, as the employer, are obliged to report this to the prevention service. This moment is crucial to prevent the process from stalling. The prevention service then informs the employee about support options, such as a visit before returning to work and the options within reintegration trajectories.
- After 8 weeks: assessment of work capacity. After eight weeks, a decisive step follows: the objective assessment of work capacity. This examines if and to what extent a return to work is possible, for example, through adapted work, a temporary task modification, or an adjusted work schedule. Based on this, you can purposefully decide whether an informal approach suffices or if a formal trajectory is appropriate.
Dialogue over procedure: the visit before returning to work
A fundamental breakthrough in the new legislation is that, as an employer, you can now proactively request a visit before returning to work from the prevention service. Previously, this right of initiative lay exclusively with the employee.
In practice, this informal visit is often preferred over a formal reintegration trajectory. A formal procedure starts more quickly with more formal communication, which can put a strain on the relationship.
The visit before returning to work, on the other hand, is voluntary and solution-oriented. Consultation with the occupational physician allows exploration, without legal pressure, of which adjustments can lower the threshold for return. It is a constructive way to act preventively before a situation escalates.
Formal reintegration trajectory: who can or must initiate this?
When the initial informal steps do not lead to a result, a formal reintegration trajectory may be necessary. Here, the legislator makes an important distinction based on company size:
- Employers with 20 or more employees: for this group, a formal reintegration trajectory becomes the standard route when, after the 8-week screening, it appears that there is indeed work capacity.
- Smaller employers (-20 FTEs): for companies with fewer than 20 employees, initiating this trajectory at that moment remains optional.
- Consent: it is important that during the first phase of illness, a formal reintegration trajectory can only be initiated with the explicit, written consent of the employee.
Practically, it helps to view reintegration not only individually but also to support it structurally through a collective reintegration policy , for example, by thinking in advance about possible forms of adapted work and work organisation.
Medical force majeure: term shortened to 6 months
When a return to the workplace seems definitively impossible, the medical force majeure procedure can be initiated to terminate the employment contract.
- From 9 to 6 months. The most important change is the shortening of the term. Previously, this procedure could only be initiated after nine months of uninterrupted incapacity for work; as of January 1, 2026, it will be possible after six months. This provides quicker legal certainty in cases where a return to work is medically excluded.
Financial and administrative consequences
In addition to the procedural changes, the new policy also includes a number of measures that have a direct impact on wage costs and internal agreements:
- Recurrence period for guaranteed salary. The period during which you, as an employer, are again liable for guaranteed salary in case of recurrence, is extended from 14 days to 8 weeks. This means that if an employee falls ill again due to the same cause within eight weeks of returning to work, you do not have to pay guaranteed salary again.
- Sick notes and medical force majeure. Employees can now use the exemption from submitting a medical certificate for one day of illness a maximum of 2 times per calendar year (previously 3 times).
- Adjustment of the work regulations. As of January 1, 2026, you are legally obliged to explicitly include the procedure for maintaining contact with sick employees, your so-called ‘active absence management policy’, in the work regulations.
Mandatory addition to the work regulations: keeping in contact during illness
As of January 1, 2026, as an employer, you are obliged to explicitly include your procedure for maintaining contact with employees who are incapacitated for work in the work regulations. The goal is to create clarity for both parties: who contacts whom, when, through which channel, and how is the follow-up organized?
Premed supports you in drafting a workable procedure that suits your organisation. More information can be found on our page Keeping in contact with employees .
What should you specifically include in the work regulations?
- the first contact moment (e.g., after 1 week or 2 weeks of absence)
- who initiates contact (manager, HR, or a fixed contact person)
- the purpose of the contact (well-being, follow-up, making return to work discussable)
- how you handle privacy and boundaries (respectful and non-controlling)
- when to refer to the prevention service (e.g., for >4 weeks of absence)
Advice for employers
- Update your work regulations. Ensure that the procedure for contacting employees during illness is established to comply with the new obligation.
- Focus on the visit before returning to work. Make use of your right of initiative to request an informal visit with the occupational physician. More info: visit before returning to work .
- Monitor the 8-week step regarding work capacity. Timely translate this into adapted work or a formal trajectory. Info about work capacity: work capacity.
- Make reintegration workable with a collective approach. Think ahead about possibilities within a collective reintegration policy .
- Early action pays off. The sooner you, as an employer, remain involved in the recovery process, the greater the chance of a sustainable and successful return to work.
Free webinar: Reintegration 2026 – gain control over long-term absenteeism and avoid penalties
Do you want to correctly apply the new rules from January 1, 2026, in your organisation? In this free webinar, you will receive practical explanations about return-to-work, work capacity, reintegration trajectories, and the most important points of attention for employers.