The procedures for bringing employees back to work after an accident or illness are described in an updated Royal Decree. Some new measures regarding the compulsory doctor's note, the procedure for dismissal for medical reasons and the guaranteed wage came into effect on 28 November 2022. We have described them for you here.

The general rule remains the same: employees need to provide a doctor's note when they take time off work due to illness. However, employees are granted an exemption from this rule up to three times per calendar year. They can use this exemption for one day of absence or the first day of illness for a longer period of absence. From now on, a visit to a doctor or specialist is no longer necessary if you are ill for one day.

Employees are not required to use the exemption. Does an employee want to do that? Then he or she must inform the employer immediately. In addition, it is obligatory to communicate the place of residence being used for the (first) day of illness if this is not the normal home address.

Please note: Organisations with fewer than 50 employees may deviate from the new measure. The organisation must then include this decision in a new collective labour agreement or in the work regulations.

The new reintegration Royal Decree separates dismissal for medical reasons (“medical force majeure”) from reintegration and creates a new procedure. This can only be initiated after 9 months of incapacity for work.

In some cases, employees take on a new or modified position as a partial return to work after a period of incapacity for work (Article 100, §2 ZIV legislation). And if they have an accident or fall ill during the first 20 weeks of that partial return to work? Then the employer no longer has to pay a guaranteed wage. After 20 weeks, the normal rules for guaranteed wages are applicable again.

Please note: Different rules apply to incapacity for work due to an occupational illness or an accident at work.