New coalition agreement = new absenteeism measures

Belgium faces a major challenge when it comes to the affordability and quality of the social system. The figures don’t lie:

• The cost of our social system will rise 23% to €198 billion by 2029;
• At 72.1%, the employment rate in our country lags behind the EU average of 75.4%;
• Our country has more than 500,000 employees with a long-term illness – a number that continues to grow;
• 1 in 10 employees is currently 60 or older – that is 60% more than in 2019.*

To take the employment rate towards 80% and keep the social system sustainable, the new Arizona government is committed to a comprehensive plan for prevention and reintegration long-term absenteeism due to illness.

The new policy on long-term absenteeism due to illness rests on three pillars, which are monitored via the Back to Work Barometer.

1. Preventing people from getting sick
2. Preventing people with health problems from having to stop working
3. Quickly helping people who have to stop working get back to work (part-time), and supporting people who are seriously ill in their reintegration

To make this approach successful, cooperation is essential. Six players are involved: you as the employer, your employees, the treating physician, the health insurance provider, the regional employment service, and your external service for prevention and protection at work (ESPPW, such as Mensura). Below, we zoom in specifically on the changing responsibilities of the employer and the employee.

For employers, the implementation of an active absenteeism policy is enshrined in the Well-being at Work Act and the Employment Regulations Act. What exactly does that entail?

• If your employee has to stop working, they are entitled to guaranteed pay for a certain period of time. When that period comes to an end, then, as an employer, you have to pay 30% of the NIHDI benefit for two months. This does not apply to SMEs.
• First, see if it’s possible for the employee to return within your company, but also explore opportunities with other employers.
• Has your employee been unfit for work for eight weeks? Then an external service for prevention and protection at work must assess the employee’s labour potential, and you can start a reintegration process.
  • If no process has been initiated after six months, then you could face a sanction. This can only happen if you have more than 20 employees and it turns out that the sick employee can still work.
• The medical force majeure grace period will be reduced from nine to six months.

You may start a reintegration process as early as day 1, as long as the employee agrees.

As an employer, what should you expect from your employee?

• If your employee is on long-term leave due to illness, then this colleague’s labour potential is regularly assessed. If it turns out the colleague can work and there is no active employment contract, then the employee is required to register with the regional employment service.
• If your employee is sick for over a year, then a regular assessment must reveal whether that employee can still work. If that is the case, they are required to follow a reintegration process.
  • If the employee fails to meet administrative obligations, then their benefit is reduced by 10%.
  • If the employee doesn’t appear at the occupational physician or consulting physician’s office without a valid reason, then the right to guaranteed wages or benefits is suspended.
  • If the employee doesn’t meet with the Back to Work coordinator or employment service mediator, then their benefit is reduced by 10%.
• If your employee is afraid they may have to stop working, then they can register for a preventive reintegration process. However, as an employer, you are not obliged to actually initiate this process.

If your employee expresses their own desire to return to work, then the treating physician or occupational physician can admit them. However, the consulting physician must be informed of this immediately.

An ESPPW like Mensura helps you invest in the well-being of your employees; mental health, ergonomics, occupational hygiene, (absenteeism) prevention, etc. If one of your employees is on long-term leave due to illness, then we support you in following up the corresponding reintegration process, such as contacting sick employees (mandatory from the fourth week) and assessing their labour potential (eighth week).

With stricter regulations looming, it’s smart to scrutinise your policies now. Don’t wait for the obligations to come into effect, but make sure your organisation is ready and your employees can reintegrate efficiently and pleasantly. These three concrete steps will help you set the right course.