FAQ Royal Decree on reintegration 2026
The new reintegration rules came into force at the beginning of 2026. During our webinar on 22 January, we explained in a clear and practical way what is changing and what this means for your organisation. Many of you asked insightful questions. Below, you’ll find the most frequently asked questions, along with clear and practical answers.
Missed the webinar? Catch up with the replay in Dutch or French.
Is the advice given in the context of prevention of work incapacity binding?
Although advice is indeed given to the employer, this advice is not binding. However, the employer is obliged to inform the employee of the decision, namely whether or not the employer can comply with the employee’s request.
Request Advice on Preventing Absenteeism
Is the advice given in the context of prevention of work incapacity binding?
Although advice is indeed given to the employer, this advice is not binding. However, the employer is obliged to inform the employee of the decision, namely whether or not the employer can comply with the employee’s request.
Request Advice on Preventing Absenteeism
From when must an employer contact an employee who is absent due to illness, and how often should or may this contact take place?
Contact starts as soon as the sickness is reported.
It is important to make clear agreements regarding the sickness reporting conversation, preferably orally by phone.
During this conversation, you can already check how the employee is doing and make arrangements for further follow-up.
May the employer ask about the cause of the illness?
The employer may ask whether the illness is work-related. This allows them to address possible work-related causes.
They are not allowed to ask for medical diagnoses.
Who is best placed to make contact: HR, the line manager, or a trusted person?
This should be agreed upon within the organisation and included in procedures or policies.
Experience shows that the line manager usually knows the employee best and is therefore the most suitable person to maintain contact.
However, managers should be properly trained to do this in an appropriate manner.
If there is a strained relationship with the line manager, HR or another colleague can maintain the contact.
How should contact attempts be properly recorded and documented?
This should also be included in the organisation’s policy.
You can choose to register all contacts or only the most important conversations. Explicitly note the dates on which the contacts took place.
This can be done via absence management software or through internal templates.
How should employers deal with employees who do not wish to maintain contact (e.g. in cases of burnout)?
Focus on informal conversations before employees become absent.
Make clear agreements about sickness reporting.
At the time of sickness reporting, agree on how further contact will be maintained.
Burnout is the result of long-term chronic stress, of which work can be a contributing factor.
Employees with burnout should preferably remain involved, even if at a slower pace.
You may propose that an HR colleague maintains contact during the initial period.
Burnout often leads to long-term absence.
Use common sense and agree together with the employee on a next moment of contact.
From when must an employer contact an employee who is absent due to illness, and how often should or may this contact take place?
Contact starts as soon as the sickness is reported.
It is important to make clear agreements regarding the sickness reporting conversation, preferably orally by phone.
During this conversation, you can already check how the employee is doing and make arrangements for further follow-up.
May the employer ask about the cause of the illness?
The employer may ask whether the illness is work-related. This allows them to address possible work-related causes.
They are not allowed to ask for medical diagnoses.
Who is best placed to make contact: HR, the line manager, or a trusted person?
This should be agreed upon within the organisation and included in procedures or policies.
Experience shows that the line manager usually knows the employee best and is therefore the most suitable person to maintain contact.
However, managers should be properly trained to do this in an appropriate manner.
If there is a strained relationship with the line manager, HR or another colleague can maintain the contact.
How should contact attempts be properly recorded and documented?
This should also be included in the organisation’s policy.
You can choose to register all contacts or only the most important conversations. Explicitly note the dates on which the contacts took place.
This can be done via absence management software or through internal templates.
How should employers deal with employees who do not wish to maintain contact (e.g. in cases of burnout)?
Focus on informal conversations before employees become absent.
Make clear agreements about sickness reporting.
At the time of sickness reporting, agree on how further contact will be maintained.
Burnout is the result of long-term chronic stress, of which work can be a contributing factor.
Employees with burnout should preferably remain involved, even if at a slower pace.
You may propose that an HR colleague maintains contact during the initial period.
Burnout often leads to long-term absence.
Use common sense and agree together with the employee on a next moment of contact.
Do I need to inform Mensura that my employee is absent?
If the employee has been absent for more than 4 weeks, you must report this information to Mensura.
You can do this yourself via MyMensura
(Administration → Employees).
Is requesting an assessment of work capacity mandatory or optional, and who submits the request: the employer or the employee?
When an employee has been unfit for work for at least 8 weeks, the employer is required to request an assessment of the employee’s work capacity.
However, it is important to bear in mind that the purpose of this procedure is to promote a return to work. The legislator has provided for a minimum period of 8 weeks of incapacity for work, but no maximum period. The only time-related obligation is that, for employers with more than 20 employees, a reintegration process must be initiated before 6 months of incapacity for work.
The assessment of work capacity must therefore be requested in good time in order to comply with this deadline. If, however, a return to work is already planned (for example, an employee who has been absent for more than 8 weeks and returns to work after 10 weeks of incapacity), it is not necessary to carry out a work capacity assessment prior to the return to work.
Maintaining contact with the worker (in accordance with the active absenteeism management policy) can allow for a more appropriate choice of timing to request the work potential assessment.
Is an assessment of work potential mandatory for employees who were already incapacitated for work before 1 January 2026?
No. For employees who were already incapacitated for work before 1 January 2026, it is not mandatory to request an assessment of work potential.
An assessment of work potential is only required if the employer wishes to start a formal reintegration programme for these employees without their consent.
Can an assessment of work potential also be requested after 12 weeks for example?
Yes. Legislation stipulates that the employee must have been unfit for work for at least 8 weeks, so the request may also be submitted at a later stage. However, it is important for the employer (with 20+ employees) to take into account the obligation to start a reintegration trajectory after 6 months of work incapacity. For a formal trajectory without the employee’s consent, an assessment of work potential is required.
What happens if the assessment of work potential is negative?
This result is communicated to the employer and the employee, after which the trajectory is closed. In parallel, the health insurance fund will continue to follow up the employee by sending another questionnaire after 10 weeks.
The employer is expected to maintain contact with the employee throughout the period of work incapacity.
At a later stage, when the employee’s condition improves, a new assessment of work potential can be requested. As soon as this leads to a positive result, a reintegration trajectory can be initiated.
The employee may also, on their own initiative, request a (in)formal reintegration process.
Are multiple requests for an assessment of work potential possible?
The legislator requires a single assessment of work capacity for employees who have been absent for at least 8 weeks. If the initial assessment is negative, the employer may also request a new assessment of the employee’s work capacity at a later stage, before applying for a pre-return visit or a reintegration trajectory.
Is the result of the assessment of work potential communicated to the employer?
Yes. We always provide feedback to the employer, both in the case of a positive and a negative result.
What happens if the employee does not respond to contact attempts for the assessment of work capacity?
If the employee does not respond to contact attempts, the process is discontinued and it is concluded that there is no work capacity. This has no sanctions or negative consequences for the employee. However, follow-up is also provided by the health insurance fund from 10 weeks of incapacity for work.
What if an employer stipulates in the work regulations that an informal reintegration visit is always requested after 8 weeks of incapacity for work? Is an assessment of work capacity still required in order to comply with the law?
An employer may introduce such a procedure, but must be aware that there is no legal obligation to carry out a pre-return-to-work examination, whereas there is a legal obligation to request an assessment of work capacity as from 8 weeks of incapacity for work.
There is, however, one exception: if the employee undergoes a pre-return-to-work examination and subsequently effectively returns to work, an assessment of work capacity is unnecessary and does not need to be requested.
If, on the other hand, the employee does not return to work (because they do not attend the pre-return-to-work examination or because the examination does not result in a return to work), the employer’s legal obligation to request an assessment of work capacity remains fully applicable.
Do I need to inform Mensura that my employee is absent?
If the employee has been absent for more than 4 weeks, you must report this information to Mensura.
You can do this yourself via MyMensura
(Administration → Employees).
Is requesting an assessment of work capacity mandatory or optional, and who submits the request: the employer or the employee?
When an employee has been unfit for work for at least 8 weeks, the employer is required to request an assessment of the employee’s work capacity.
However, it is important to bear in mind that the purpose of this procedure is to promote a return to work. The legislator has provided for a minimum period of 8 weeks of incapacity for work, but no maximum period. The only time-related obligation is that, for employers with more than 20 employees, a reintegration process must be initiated before 6 months of incapacity for work.
The assessment of work capacity must therefore be requested in good time in order to comply with this deadline. If, however, a return to work is already planned (for example, an employee who has been absent for more than 8 weeks and returns to work after 10 weeks of incapacity), it is not necessary to carry out a work capacity assessment prior to the return to work.
Maintaining contact with the worker (in accordance with the active absenteeism management policy) can allow for a more appropriate choice of timing to request the work potential assessment.
Is an assessment of work potential mandatory for employees who were already incapacitated for work before 1 January 2026?
No. For employees who were already incapacitated for work before 1 January 2026, it is not mandatory to request an assessment of work potential.
An assessment of work potential is only required if the employer wishes to start a formal reintegration programme for these employees without their consent.
Can an assessment of work potential also be requested after 12 weeks for example?
Yes. Legislation stipulates that the employee must have been unfit for work for at least 8 weeks, so the request may also be submitted at a later stage. However, it is important for the employer (with 20+ employees) to take into account the obligation to start a reintegration trajectory after 6 months of work incapacity. For a formal trajectory without the employee’s consent, an assessment of work potential is required.
What happens if the assessment of work potential is negative?
This result is communicated to the employer and the employee, after which the trajectory is closed. In parallel, the health insurance fund will continue to follow up the employee by sending another questionnaire after 10 weeks.
The employer is expected to maintain contact with the employee throughout the period of work incapacity.
At a later stage, when the employee’s condition improves, a new assessment of work potential can be requested. As soon as this leads to a positive result, a reintegration trajectory can be initiated.
The employee may also, on their own initiative, request a (in)formal reintegration process.
Are multiple requests for an assessment of work potential possible?
The legislator requires a single assessment of work capacity for employees who have been absent for at least 8 weeks. If the initial assessment is negative, the employer may also request a new assessment of the employee’s work capacity at a later stage, before applying for a pre-return visit or a reintegration trajectory.
Is the result of the assessment of work potential communicated to the employer?
Yes. We always provide feedback to the employer, both in the case of a positive and a negative result.
What happens if the employee does not respond to contact attempts for the assessment of work capacity?
If the employee does not respond to contact attempts, the process is discontinued and it is concluded that there is no work capacity. This has no sanctions or negative consequences for the employee. However, follow-up is also provided by the health insurance fund from 10 weeks of incapacity for work.
What if an employer stipulates in the work regulations that an informal reintegration visit is always requested after 8 weeks of incapacity for work? Is an assessment of work capacity still required in order to comply with the law?
An employer may introduce such a procedure, but must be aware that there is no legal obligation to carry out a pre-return-to-work examination, whereas there is a legal obligation to request an assessment of work capacity as from 8 weeks of incapacity for work.
There is, however, one exception: if the employee undergoes a pre-return-to-work examination and subsequently effectively returns to work, an assessment of work capacity is unnecessary and does not need to be requested.
If, on the other hand, the employee does not return to work (because they do not attend the pre-return-to-work examination or because the examination does not result in a return to work), the employer’s legal obligation to request an assessment of work capacity remains fully applicable.
Are there consequences for the employee if they do not cooperate with a visit prior to the return to work requested by the employer?
No. An employee always has the right to refuse the invitation for a visit prior to the return to work. There are no financial or other consequences.
Why would I initiate a pre-return-to-work medical visit instead of a formal reintegration trajectory?
Statistics have shown that the outcomes of informal reintegrations are often significantly better than those of formal reintegration processes. For this reason, the legislator encourages this approach as a priority.
In addition, a pre-return-to-work examination is administratively less burdensome and less costly. It is therefore the route we recommend, especially when good contact between employer and employee is maintained during the period of incapacity for work, as provided for in the current legislation.
Are there consequences for the employee if they do not cooperate with a visit prior to the return to work requested by the employer?
No. An employee always has the right to refuse the invitation for a visit prior to the return to work. There are no financial or other consequences.
Why would I initiate a pre-return-to-work medical visit instead of a formal reintegration trajectory?
Statistics have shown that the outcomes of informal reintegrations are often significantly better than those of formal reintegration processes. For this reason, the legislator encourages this approach as a priority.
In addition, a pre-return-to-work examination is administratively less burdensome and less costly. It is therefore the route we recommend, especially when good contact between employer and employee is maintained during the period of incapacity for work, as provided for in the current legislation.
Can a reintegration trajectory only be initiated with the employee’s consent?
No. A reintegration trajectory can also be initiated without the employee’s consent, but only after a positive assessment of work potential (which can be requested from 8 weeks of work incapacity onwards).
How do we obtain the employee’s consent for starting a reintegration trajectory requested by the employer?
The application document for a reintegration trajectory has been designed to include space for the employee’s agreement and signature. The employee’s signature is therefore effectively required as proof of consent.
Is it correct that the employer cannot start a reintegration trajectory if the employee does not cooperate with the assessment of work potential?
This is correct in cases where the employee does not give consent for starting a reintegration trajectory. No response to the assessment of work potential is considered equivalent to a negative result.
What sanctions are provided by law for employees who do not cooperate with these assessments?
No sanctions are linked to not cooperating with the assessment of work potential. However, sanctions do apply for not cooperating with a reintegration trajectory. If an employee is absent twice from a reintegration examination with the occupational physician, this is reported to the health insurance fund. The fund will assess whether the absence is justified or not; depending on this, the employee may be financially sanctioned by the health insurance fund.
What if there is work capacity, but no suitable or adapted work is available within the organisation?
If the assessment of work capacity is positive and the employer has more than 20 employees, a reintegration process must be initiated before 6 months of incapacity for work. This is a legal obligation.
During this reintegration process, the occupational physician will likely make recommendations regarding adapted or suitable work. The employer is then obliged to examine the concrete possibilities for adapted work within the company in order to draw up a reintegration plan.
If the employer is unable to draw up a reintegration plan, they must prepare a reasoned report justifying why this is technically and objectively impossible.
Is a reintegration plan mandatory?
In this new Royal Decree, there is no change with regard to the reintegration plan. The previous legislation on this topic therefore remains applicable.
By way of reminder, the employer is still required to draw up a reintegration plan or, if this is not possible, a reasoned report when, in the context of a reintegration process, the occupational physician has taken a decision A or a decision B.
The deadline for drawing up the reintegration plan varies depending on whether it concerns a decision A (63 days) or a decision B (6 months).
Can a reintegration trajectory only be initiated with the employee’s consent?
No. A reintegration trajectory can also be initiated without the employee’s consent, but only after a positive assessment of work potential (which can be requested from 8 weeks of work incapacity onwards).
How do we obtain the employee’s consent for starting a reintegration trajectory requested by the employer?
The application document for a reintegration trajectory has been designed to include space for the employee’s agreement and signature. The employee’s signature is therefore effectively required as proof of consent.
Is it correct that the employer cannot start a reintegration trajectory if the employee does not cooperate with the assessment of work potential?
This is correct in cases where the employee does not give consent for starting a reintegration trajectory. No response to the assessment of work potential is considered equivalent to a negative result.
What sanctions are provided by law for employees who do not cooperate with these assessments?
No sanctions are linked to not cooperating with the assessment of work potential. However, sanctions do apply for not cooperating with a reintegration trajectory. If an employee is absent twice from a reintegration examination with the occupational physician, this is reported to the health insurance fund. The fund will assess whether the absence is justified or not; depending on this, the employee may be financially sanctioned by the health insurance fund.
What if there is work capacity, but no suitable or adapted work is available within the organisation?
If the assessment of work capacity is positive and the employer has more than 20 employees, a reintegration process must be initiated before 6 months of incapacity for work. This is a legal obligation.
During this reintegration process, the occupational physician will likely make recommendations regarding adapted or suitable work. The employer is then obliged to examine the concrete possibilities for adapted work within the company in order to draw up a reintegration plan.
If the employer is unable to draw up a reintegration plan, they must prepare a reasoned report justifying why this is technically and objectively impossible.
Is a reintegration plan mandatory?
In this new Royal Decree, there is no change with regard to the reintegration plan. The previous legislation on this topic therefore remains applicable.
By way of reminder, the employer is still required to draw up a reintegration plan or, if this is not possible, a reasoned report when, in the context of a reintegration process, the occupational physician has taken a decision A or a decision B.
The deadline for drawing up the reintegration plan varies depending on whether it concerns a decision A (63 days) or a decision B (6 months).
Must a reintegration trajectory be completed before a medical force majeure procedure can be initiated?
Yes, that is correct.
Must a reintegration trajectory be completed before a medical force majeure procedure can be initiated?
This is what we encourage (and it is also in line with the logic of the Code on Well-being at Work).
However, there is no obligation.
The employer is required to request an assessment of work capacity after 8 weeks of incapacity for work. If this assessment is negative (or if the employee does not respond), the employer cannot request a reintegration process without the employee’s consent. However, after 6 months of incapacity for work, the employer may initiate a medical force majeure procedure (i.e. without having requested a reintegration process beforehand and without the employee’s consent).
What happens if the employee fails to attend after multiple invitations?
If the employee does not attend an invitation, they are invited again for a new consultation (with a minimum period of 14 days between two invitations).
If the employee does not attend the third invitation, the occupational physician informs the employer and the procedure is closed. It may only be requested again after a new period of 6 months of uninterrupted incapacity for work.
The law does not provide for any sanction for the employee.
Must a reintegration trajectory be completed before a medical force majeure procedure can be initiated?
Yes, that is correct.
Must a reintegration trajectory be completed before a medical force majeure procedure can be initiated?
This is what we encourage (and it is also in line with the logic of the Code on Well-being at Work).
However, there is no obligation.
The employer is required to request an assessment of work capacity after 8 weeks of incapacity for work. If this assessment is negative (or if the employee does not respond), the employer cannot request a reintegration process without the employee’s consent. However, after 6 months of incapacity for work, the employer may initiate a medical force majeure procedure (i.e. without having requested a reintegration process beforehand and without the employee’s consent).
What happens if the employee fails to attend after multiple invitations?
If the employee does not attend an invitation, they are invited again for a new consultation (with a minimum period of 14 days between two invitations).
If the employee does not attend the third invitation, the occupational physician informs the employer and the procedure is closed. It may only be requested again after a new period of 6 months of uninterrupted incapacity for work.
The law does not provide for any sanction for the employee.
What are the differences for companies with fewer than 20 employees?
The new rules also apply to companies with fewer than 20 employees.
The difference is that no sanctions apply to these companies if, following a positive assessment of work capacity, no reintegration trajectory is initiated.
Does the Royal Decree also apply to employees aged over 54?
The new rules apply to all employees.
As an employer with 50 or more employees, after the first month of guaranteed salary you are required to pay an additional two months of 30% of the sickness benefit for employees aged between 18 and 54.
Does the Royal Decree (RD) apply to statutory employees and staff in the public sector (for example: education)?
The Royal Decree applies to all employees, whether statutory or non-statutory, subject to a few logical exceptions:
there is no notification to the medical advisor in case of non-attendance at invitations for the reintegration process, as there is no medical advisor for statutory employees;
the change to a 6-month period for the Article 34 procedure is also not applicable, as this procedure is not accessible to statutory staff members.
What are the differences for companies with fewer than 20 employees?
The new rules also apply to companies with fewer than 20 employees.
The difference is that no sanctions apply to these companies if, following a positive assessment of work capacity, no reintegration trajectory is initiated.
Does the Royal Decree also apply to employees aged over 54?
The new rules apply to all employees.
As an employer with 50 or more employees, after the first month of guaranteed salary you are required to pay an additional two months of 30% of the sickness benefit for employees aged between 18 and 54.
Does the Royal Decree (RD) apply to statutory employees and staff in the public sector (for example: education)?
The Royal Decree applies to all employees, whether statutory or non-statutory, subject to a few logical exceptions:
there is no notification to the medical advisor in case of non-attendance at invitations for the reintegration process, as there is no medical advisor for statutory employees;
the change to a 6-month period for the Article 34 procedure is also not applicable, as this procedure is not accessible to statutory staff members.