It's no longer a secret: the Arizona government has decided to make the return to work of employees on sick leave a priority. Since 1 January 2026, numerous changes have been made to the legal framework in order to promote or encourage their return to work.
One of these changes is the implementation of an active policy on absenteeism, which is intended to facilitate and prepare for the return to work in the event of incapacity. What does it exactly cover?
A mandatory procedure for maintaining contact
In the opinion of many experts, keeping contact with employees on sick leave is one of the factors that will enable a (faster) return to work. Maintaining contact is, in practice, far from obvious. While some employees spontaneously keep their employer updated, others refuse attempts at contact or prefer modes of communication that do not allow for direct dialogue (for example in writing).
In order to equip employers, the Code for Occupational Well-being now requires employers to provide a procedure for maintaining contact with employees on sick leave. This procedure should specify who will contact the employee (e.g. their direct manager, a member of the human resources department, etc.) and the frequency of contact. However, this procedure cannot be used to check whether the absence is justified.
Such a procedure also provides employers with the opportunity to create a real obligation for employees to collaborate. As maintaining contact becomes an obligation, employers will now have leverage to engage in a dialogue about the possibilities of returning to work.
This procedure must be included in the work regulations, according to the ordinary amendment procedure (in particular consultation of employees by posting of the draft regulations and opportunity to jot down their comments in a register, or agreement in the works council if such a body is in place).
And a broader policy on absences
The implementation of the procedure for maintaining contact is part of a broader obligation to implement an active policy on absenteeism, aimed at preparing for work resumption in case of incapacity. This policy, unlike the procedure for maintaining contact, should not be included in the work regulations.
The Code for Occupational Well-being is silent on the content of this active absenteeism policy. From our perspective, this policy should, in a transparent manner, detail all steps that will be or may be implemented in the event of incapacity for work. This includes the monitoring by a medical examiner, the assessment of the work potential by the prevention advisor-occupational physician (now mandatory after 8 weeks of incapacity) and the systematic use of the reinstatement process.
Beyond these steps, such a policy will also allow employers to focus on all support tools available for employees on sick leave, as well as those intended to prevent such absences. This may include internal (hierarchical line) or external (prevention advisor-occupational physician) channels of dialogue, but also employee assistance programmes (psychological or medical support). Beyond the legal obligation, this policy may be an occasion for employers to develop of a real framework for the prevention and management of absenteeism.
By Julien HICK, Partner, AKD Benelux law firm & Heleen FRANCO, Senior associate, AKD Benelux law firm
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