Belgium: Parliament adopts the ‘return to work’ bill

On 22 September, Belgium’s Parliament plenary session adopted the ‘return to work’ bill, which is designed to support employees returning to work following long term sick leave (one year or longer). The goal is for these employees to re-join the ranks of the employed ‘under the best conditions’ possible. This text, approved by the Council of Ministers on 13 May 2022 (c.f. article No.13058), will come into force on 01 January 2023. It institutes a pre-return visit, the purpose of which is to inform workers at an early stage of the possibilities of temporary or tailored work as well as of any potential workstation adjustments. The procedure begins with a questionnaire designed to assess the employee’s state of health. If the employee repeatedly refuses to complete the questionnaire or fails to respond to subsequent invitations, then s/he risks losing 2.5% of her/his ‘unable to work’ compensation. Employers must do their utmost to take the recommendations of the prevention consultant/occupational physician into account when reintegrating an employee into employment. If the employer is unable to adapt the employee’s position or cannot offer the employee an alternative position then the employer must provide a substantiated justification and outline the steps taken to this end. The new rules apply immediately to ongoing employment reintegration processes