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Return-to-work: balancing compliance and HR strategy
Return-to-work: balancing compliance and HR strategy

Return-to-work: balancing compliance and HR strategy

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Since 1 January 2026, companies in Belgium must comply with the new Return-to-Work 3.0 legislation. The reform comes at a critical moment:  long-term sick leave continues to rise, with more than 3% of private-sector employees off work for over a year1. Psychological conditions (burnout, anxiety, depression) are now among the leading causes.

Why this matters for your organisation

 

For employers, return-to-work assistance is no longer just "a good practice".  It has become a structured, monitored obligation with clear financial consequences.  And the economic impact of absenteeism1 keeps growing:

  • an average of 1 590 euros per year per employee in direct costs (excluding government measures)
  • For a company with 100 employees, this represents 160 000 euros per year an, in non-worked hours alone
  • At least +25 % in indirect costs: replacement, interim staff, productivity loss
  • In 2025, 10 % of all working days in Belgium were lost due to illness

Your obligations as an employer

 

New federal measures reinforce the employer’s role in monitoring, supporting and getting absent employees back in the workplace. In practice, this means:

  1. Maintain contact after 4 weeks of sick leave: your employment regulations must now specify, who contacts the employee, how often, according to which approach…
  2. Assess work potential after 8 weeks of sick leave: an evaluation by the occupational physician must be requested once the employee has been off work for 8 weeks.
  3. Start a return-to-work assistance programme (mandatory from 20 employees): if work potential is identified, a formal programme must be initiated within 6 months of the start of the incapacity leave.  Failure to comply leads to financial sanctions.
  4. New financial contributions (companies > 50 employees): a solidarity contribution of 30% of the sickness benefit is due during the 2nd and 3rd months of sick leave.

This new framework does more than fight absenteeism. It promotes a sustainable return to work that matches each person’s abilities.  In this context, AG offers structured, supportive and effective return-to-work assistance.

For a full overview of the new requirements, click here. Note: exceptions and specific situations apply — be sure to check what applies to your organisation.

Return to Work by AG: 70% return rate, 90% relapse-free

 

Since 2017, AG has helped companies support employees on their journey back to work and has become a market reference. For employees on extended sick leave due to a mental disorder, AG offers a comprehensive, turnkey solution automatically included in your income protection coverage — at no additional cost. Return to Work by AG starts before legally required procedures. This early support helps you prevent complex situations, reduce the risk of sanctions and ease the administrative burden of the new regulations.

With a holistic, individually-tailored and proactive approach, employees receive personalised guidance from qualified experts — psychologists, career advisors, fitness coaches, sophrologists… You choose one of AG’s five carefully selected partners. The goal: a safe and successful return to work, ideally at your organisation, creating a win-win for both the employee and the company.

The results speak for themselves:

No official assistance programme achieves these success rates

 

By activating Return To Work before the legally required procedure, you can:

  • reduce long-term absenteeism through early, proactive support as soon as AG is notified of a mental‑health‑related incapacity
  • limit the financial impact of the new regulations
  • increase chances of a sustainable return with immediate access - with no waiting lists - to accredited therapists  from recognised care partners
  • strengthen engagement and well-being at work
  • offer employees a genuine opportunity to reset and recover, through an independent, purely voluntary programme based on a holistic approach: mental, physical, professional and social 

 

How to integrate the new requirements into your HR strategy?

 

Beyond legal compliance, the new legislation is an opportunity to strengthen your prevention, return-to-work and absenteeism policies. Key actions — some mandatory, others recommended — include:

1.      Introduce preventive support

2.      Develop an active absenteeism policy

3.      Update your employment regulations

4.      Schedule pre-return appointments (now also at your initiative)

5.      Set up an internal process for assessing work potential

6.      Adapt HR governance

7.      Document and archive thoroughly (essential during audits)

8.      Prepare job-adaptation procedures

9.      Anticipate the new timelines

10.    Communciate clearly with employees

Conclusion: turning a challenge into an opportunity

 

Long-term absenteeism has become a strategic challenge that requires a proactive, people-centric and structured response. The combination of:

       -   rising economic pressure from extended absences

       -   the new legal requirements

       -   the financial and human risks if nothing is done

... makes one thing clear: companies that anticipate — rather than react — will be best positioned for the future.

 

Want to find out more?

 

AG can help you turn a legal requirement into a genuine people-centric and organisational opportunity.

1 Source : SD Worx