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Wednesday, October 7, 2026

The Other Side of Belgium's New Employee Protection Measures - The National Law Review

If I were to rank the employment law questions I receive by popularity, questions around long-term absence, absenteeism and generally how to deal with work incapacity would be right up there, a definite podium finish. The tension between the legitimate frustrations of employers and the no-fault nature of the employees’ absence seems eternal. To give the topic even more impetus, the Belgian government has now introduced a number of measures which aim to protect employees, reduce the cost of healthcare and combat workplace burn-out. All very worthy ambitions but the measures chosen will likely also cause significant headaches for employers.

Combatting burn-out

The number of employees off work with “burn-out” has increased by 66% from 2018 to 2021. More than half a million are away from work due to long-term illness (including but not limited to burn-out). Even if we dismiss some of that as the product of the covid pandemic and a reluctance to face the commute again or shed the pyjamas and leisure-wear of homeworking for the suits or heels of the office, these numbers are worrying. The government has decided that the issue needs to be addressed. In a first phase, it has developed a sanctions mechanism focusing on both employees and employers:

  • After 10 consecutive weeks of absence, employees will be sent a questionnaire in which they are asked, among other things, about their state of health and whether they think they can go back to work or if adjustments could be to be...



Read Full Story: https://www.natlawreview.com/article/belgium-s-new-measures-employee-illness-...