NewsFlash - Return-to-work reform for workers on work incapacity: what you need to know as employer

Return-to-work reform for workers on work incapacity: what you need to know as employer

As of 1 January 2026, new measures entered into force as part of the third wave of the "Return to Work" policy. These new rules place greater responsibility on all stakeholders: employers, employees, physicians and health insurance funds. This newsflash presents the key developments that directly concern you as employer.
 

1. PREVENTION: NEW RIGHT FOR WORKERS BEFORE THE INCAPACITY

As of 1 January 2026, a worker who is at risk of falling into incapacity for work may request — without any particular formality — that you examine whether an adjustment to his or her workstation and/or adapted work is feasible.

In practice, it is advisable to designate a reference person within your organisation to handle such requests. You must then inform the worker of the follow-up given to his or her request, whether positive or negative, as soon as possible.

2. ACTIVE ABSENCE POLICY

As of 1 January 2026, in addition to the collective reintegration policy, you are required to implement an internal procedure for maintaining contact with workers on sick leave.

This procedure must specify (at a minimum):

▸   Who will contact the absent worker;

▸   At what frequency

The aim is to maintain the employment relationship — not to monitor the incapacity, which remains an exclusively medical prerogative.

◆  Please note: this procedure must be mandatorily incorporated into your work rules, following the standard amendment procedure.
 

3. PRE-RETURN VISIT: A TOOL NOW OPEN TO THE EMPLOYER

The pre-return visit allows workers to meet with the occupational physician before returning to work, in order to anticipate the return and consider possible workstation adjustments.

As of 1 January 2026, the pre-return visit is maintained with certain adjustments, the most significant of which is that the employer may now directly request that the occupational physician invite the employee to a pre-return visit. The worker remains free to accept or decline this invitation. In the event of a refusal, the occupational physician informs the employer. Previously, the pre-return visit could only be requested by the worker.

The pre-return visit may be requested at any point during the incapacity for work, without any minimum prior duration. It may in particular take place following the mandatory work potential assessment (see point 5 below).

The rest of the article can be found in the PDF below.