New opportunities for return-to-work trials – how to prepare your organisation
From 1 March 2026, amendments to the Social Insurance Code will come into force, introducing new opportunities for employees on full-time sick leave to take part in return-to-work trials with their employer without affecting their entitlement to sickness benefit. The aim is to create a safe and pressure‑free first step back towards the workplace. Under the new rules, employers and employees can, within clearly regulated boundaries, test simpler work tasks during an ongoing period of full-time sick leave to explore the possibilities for a future return to work.
Key limitations and conditions under the new legislation
To ensure that return-to-work trials are carried out correctly under the new provisions of the Social Insurance Code, there are clear parameters governing when and how they may take place. Below are the central conditions employers need to be aware of:
- The new provisions apply only to employees receiving full sickness benefit, not those on partial sick leave.
- Trials may only be carried out with the employee’s own employer (not with another employer).
- A maximum of two trial periods is permitted, each lasting 14 consecutive days, within a 365‑day reference period.
- At least 30 days must pass between two trial periods.
- Participation must be voluntary for both employer and employee, and no performance requirements may be imposed.
- The employee must notify the Social Insurance Agency of the trial period no later than 14 days in advance, and the notification must be signed by both parties.
- A return-to-work trial is not considered vocational rehabilitation under the Social Insurance Code.
- Activities performed during the trial must not affect the assessment of work capacity or the right to sickness benefit.
- The trial may be discontinued at any time without consequences.
Practical guidance for employers – preparing your organisation for the new rules
When the new opportunity for return-to-work trials is introduced, employers need to ensure that internal routines across HR, payroll and managerial support are in place. While trials are intended to be simple to carry out, certain steps must be handled correctly. These are the most important points to integrate into your organisation:
- Ensure that full-time sick leave remains registered in the payroll system. A trial is not considered work and does not affect previous reporting.
- No salary is paid; the employee continues to receive full sickness benefit during the trial period.
- Holiday entitlement and occupational pension are handled in the same way as during full-time sick leave, with no special adjustments.
- Clarify who will receive the employee at the start of the trial and ensure that this person is prepared. This may be the line manager, a team member or someone from HR.
- Appoint someone to identify suitable tasks. Make sure managers understand that the trial is free from performance demands and that tasks must be simple, flexible and adjustable from day to day.
- Establish a routine for signing the notification to the Social Insurance Agency on time (at least 14 days before the start).
- Document the agreed start date, as this determines the entire period.
- Support managers in communication and follow‑up, with a focus on the employee’s wellbeing rather than performance.
Return-to-work-trials – a complement, not a replacement
The new opportunity for return-to-work trials should be seen as a complement in the return‑to‑work process, not a replacement for existing measures. The legislation makes it clear that work training, workplace adjustments, rehabilitation, gradual increases in working hours and other established forms of support remain unchanged and continue to apply in parallel. Trials simply add an initial, pressure‑free step for employees who are not yet ready for performance‑based activities but need a safe way to reconnect with the workplace.
For employers, this provides an additional tool to use when the timing is right. With clear internal routines, close collaboration with the employee and careful adherence to the regulations, you can create stable conditions for a sustainable return to work.
If you need support in updating your HR routines and ensuring that your organisation is prepared for the new legislation, our HR specialists are here to assist you. Get in touch, and we’ll help you develop clear and sustainable processes.
