Getting people back to work sooner, faster and with less formality
The numbers of employees unable to work for long periods are rising, resulting in yet another reintegration policy reform. The Royal Decree on Reintegration (RIT) 3.0 entered into force on 1 January 2026. The formal process has not changed much. The focus is more on everything around that process, with a procedure that starts sooner, closer contact between the parties involved and a shift towards a more informal and preventive approach.
Sooner and with less formality
The new legislation sends a clear message: employees with employment potential should not be allowed to drop away, but instead be guided back to work as quickly as possible.
“Employees who anticipate becoming unable to work are invited to approach their employer even before their actual absence to explore options for other or adapted work or workstation adjustments (Codex Art. I.4-36)”, says Godewina Mylle, occupational doctor at IDEWE. “The employer must let them know what they will be doing to accommodate this request as soon as possible, or why it isn’t feasible. The employer can also ask prevention advisors for advice.”
“If an employee does end up on leave, the employer is now required to maintain contact. Not to check up on the employee, but to stay in warm and supportive contact so as to avoid losing the connection and making reintegration more difficult. Employees should feel that the door remains open and that they will be welcomed. This has always been good practice, and will be a legal obligation from 2026. The company policy (Art. I.4-71/2) must set out who will contact such employees and how often. This procedure is also part of the active attendance policy every company is expected to develop to prepare for and facilitate employees’ return to work.”
Residual capacity becomes employment potential
After eight weeks of incapacity, the employer can have the occupational doctor assess an employee’s ‘employment potential’. This term replaces the previous ‘residual capacity’.
“Employment potential is a new concept in the Codex”, says Godewina. “It refers to an assessment of the presumed ability of a person who is unable to work to perform other or adapted work. Means of assessment include a standardised questionnaire. If the occupational doctor deems the employee to have employment potential, the employer can either propose a ‘visit prior to resumption of work’, starting the informal reintegration process, or initiate a formal reintegration process.”
“For employers with 20 or more employees, a formal process is mandatory if there has been no return to work after six months of incapacity. Whatever the process, the employment potential and practical options to achieve it must be explored together with the occupational doctor.”
IDEWE customers can submit a request for an assessment of employment potential via ElectrA or in your My IDEWE customer area under Personnel Management.
You can add this assessment request to the existing notification of inactivity, which will be retained.
More information on the practicalities (in Dutch).
Greater emphasis on visit prior to resumption of work
Besides assessing the employment potential, the visit prior to resumption of work has also increased in importance.
“Employees can already request a consultation with the occupational doctor at any time during their absence. The occupational doctor may then seek advice from other prevention advisors. From this year, employers, too, can request a consultation for an employee. To avoid this turning into a medical inspection, however, the employee may always refuse the invitation. In that case, the occupational doctor must inform the employer of their refusal.”
Formal reintegration process
While the basics of the formal reintegration process remain virtually identical, there have been several key changes.
“Employers had to wait three months to request a reintegration process under the previous system. With the employee’s consent, this is now possible from the very first day. It is now mandatory for employers with 20 or more employees to initiate a reintegration process if the occupational doctor has determined an employee to have employment potential after eight weeks and they have not returned to work after six months of incapacity. If the reintegration process leads to a determination of permanent incapacity and there is no return-to-work plan that has been accepted by the employee, this will result in a mandatory referral to regional employment services such as VDAB, Forem or Actiris.”
Another change is that instead of having to wait nine months to request the special procedure for the determination of permanent incapacity, this is now possible after only six months.
The new approach is applicable to everyone who has become unable to work from 1 January. For employees who were already unable to work in 2025, the existing rules and terms continue to apply.
How does IDEWE support your organisation?
Thanks to our expertise and support, you aren’t alone.IDEWE will act as your partner in designing clear, achievable reintegration processes with a human touch. We’re happy to help:
Attendance policy
A strong policy guides you through difficult situations as an employer while ensuring a strong focus on sustainable employability.
Develop an attendance policy
Phone calls to employees on sick leave
We provide warm, supportive contact to maintain the connection and facilitate reintegration.
Request more information
Targeted training on sickness absence and ability management
Practical tips on dealing with sickness absence in a healthy way for managers and HR professionals.
View our training courses