Since 1 January 2026, the relapse period in cases of incapacity for work has been extended from 14 days to 8 weeks.
Beyond a technical adjustment, this change directly affects absence management, control of salary costs, and return-to-work follow-up policies. For employers and HR professionals, this is now a strategic parameter that must be taken into account.
What is changing in practice
A relapse occurs when an employee:
- actually resumes work after a period of incapacity,
- subsequently becomes incapacitated again,
- due to the same illness or the same accident.
Until 31 December 2025, the new incapacity had to occur within 14 days to be classified as a relapse.
Since 1 January 2026, this period has been extended to 8 weeks.
Major consequence: if the new incapacity begins within eight weeks and is linked to the same medical cause, no new guaranteed salary is due. Only the portion that may not yet have been exhausted during the first incapacity remains payable.
However, a new guaranteed salary is still due if:
- the medical certificate mentions a different illness or accident;
- more than eight weeks have elapsed since the end of the first incapacity.
A direct financial impact
Extending the period reduces the number of situations in which a new guaranteed salary period must be initiated.
For companies facing repeated absences linked to recurring conditions (musculoskeletal disorders, burnout, chronic illnesses, etc.), this reform may represent a significant reduction in the risk of successive salary costs.
That said, this is a matter of balance: the objective is not to make absence management stricter, but to avoid the automatic multiplication of guaranteed salary periods in cases of closely spaced relapses.
Transitional rules: a key point of attention
The start date of the incapacity is decisive.
- The new rules apply only to incapacities beginning on or after 1 January 2026.
- An incapacity that started before that date remains subject to the former 14-day period.
- A guaranteed salary period already in progress on 1 January 2026 is not interrupted.
A precise chronological analysis is therefore essential to avoid any misclassification.
Practical illustrations
Situation 1
An employee is incapacitated from 1 November 2025 to 30 November 2025.
Work resumes on 1 December 2025.
A new incapacity for the same illness begins on 10 January 2026.
The new incapacity occurs within eight weeks.
This is a relapse.
No new guaranteed salary is due.
Before 2026, a new salary cost would have been incurred.
Situation 2
Same initial incapacity, but a new incapacity begins on 5 February 2026.
More than eight weeks have elapsed.
This is considered a new incapacity.
A new guaranteed salary period must be started.
An opportunity to strengthen your return-to-work policy
Beyond the financial aspect, this reform encourages employers to:
- further structure return-to-work follow-up;
- collaborate closely with occupational health services;
- analyse the recurring causes of absences;
- integrate prevention into the overall HR strategy.
Rigorous management of medical certificates, timelines, and guaranteed salary balances is now more essential than ever. Incorrect classification may result in undue payment or a risk of dispute.
In summary
Since 1 January 2026:
- the relapse period has increased from 14 days to 8 weeks;
- incapacities starting in 2026 are subject to the new regime;
- payment of a new guaranteed salary is limited in cases of closely spaced relapse.
This development provides a lever for greater budgetary certainty for employers, while reinforcing the importance of proactive and strategic absence management.
By Daniel Binamé, Development and Partnerships Manager Partena Professional
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