In Belgium, an employee who is incapable of work is exempt from his or her obligation to work because of a recognised health problem. But can they still carry out a professional activity during this period?
The answer is not a simple yes or no: it depends on a number of very specific conditions. Here's what you need to know.
General principle: prohibited unless authorised
In principle, an employee who is incapable of work cannot engage in any professional activity, whether paid or unpaid. Any activity, even voluntary, could be considered incompatible with their state of health and jeopardise their entitlement to compensation. There are, however, exceptions to this rule.
Activity authorised under certain conditions
Employees may request prior authorisation from their mutual insurance association's medical advisor. This written request is assessed on the basis of medical criteria, in particular the compatibility of the activity with the state of health and the potential impact on recovery or professional reintegration. If granted, the authorisation may relate to adapted work, a voluntary activity or a self-employed activity as a side activ,ty with specific terms (duration, nature, conditions).
Types of activities concerned
These include:
- Adapted work in the company of employment or elsewhere;
- Voluntary work in an NPO or a school;
- Carrying out an additional self-employed activity;
- Or a work trial as part of a reintegration programme.
Beware of cumulating benefits
Any undeclared and unauthorised activity may result in the loss of benefits, an obligation to reimburse benefits, or even criminal penalties in the event of fraud. Incapacity may also be lifted. It is therefore essential to report any activity to the mutual health insurance company before starting it.
Reintegration programme and authorised work
Since October 2022, the reform of the reintegration programme has allowed a gradual return to work via temporary or adapted employment, according to a plan validated by the company doctor. The aim of this system is to facilitate a return to work while respecting the limits of the employee's health.
Conclusion
In Belgium, an employee who is incapable of work may only engage in an activity if he or she has received explicit authorisation to do so. The legislation does, however, allow certain forms of supervised activity, provided they have obtained the prior agreement of the medical advisor and have informed their mutual health insurance company.
Daniel Binamé, Development and Partnerships Manager at Partena Professional
You may also be interested in this article: Unpaid leave: the keys to managing it successfully