Belgium Employment Law

Duration of Annual Leave – An employee is entitled to a maximum of 4 weeks of annual leave per year. In most cases , 20 calendar days annual leave for a 5 day week or 24 calendar days for a 6-day week or 16 calendar working days if they work a 4 day week system. The holiday must be granted within 12 months following the end of the holiday service year. 

In any case, an uninterrupted holiday period of 1 week must be granted during the holiday service year. 

Annual Leave Calculation during other Leaves – In order to calculate the duration of annual leave days, the days of actual normal work and the following interruption to work (due to other leaves) are considered as working days:

1. an accident at work or occupational disease, giving rise to compensation;
2. an accident or illness 
3. maternity leave;
4. the paternity leave 
5. the public holidays and replacement days during a period of temporary unemployment.

Eligibility Criteria – To be entitled to paid annual leave, the employee must have worked as a salaried employee in Belgium for the calendar year preceding the year during which the holiday is being taken. Employees who have not worked a full previous year are entitled to vacation prorated for the days actually worked. For instance, if an employee performs 3 months of work during a calendar year, the employee shall be entitled to 1 weeks of annual leave with pay equivalent to their regular salary. 

Individual annual leaves are determined by agreement between the employee and the employer.

The annual leave to which an employee is entitled is in relation to the benefits for the year preceding the year in which an employee takes vacation. This includes – 

1. the actual working days  (the days when you worked);
2. the days of inactivity  (days when you did not work) that are related to actual working days.

Pay –  An employee is entitled to annual leave which consists of a simple holiday pay (continued payment of the monthly salary during the vacation period) and a double holiday pay (holiday bonus) which is a supplement on top of the monthly gross salary to cover extra holidays expenses. The double holiday pay corresponds to 92% of the monthly gross salary (for a complete holiday leave).

If an employee is fully or partially remunerated on the basis of variable remuneration , this is taken into account for the calculation of the single pay and the double annual leave pay. The simple annual leave pay is calculated on the basis of the daily average of the 12 months preceding the annual leave.

Annual leave coinciding with Statutory Holiday – If an employee falls ill before the start of their annual leave and remains ill during the scheduled annual leave, they can make up for those “lost” leave days at a later date.

Days of work interruption Interruption in work due to ordinary illness, an occupational disease, a (labor) work accident, maternity or paternity leave, birth leave, prophylactic leave, adoption leave, or foster parent leave/foster care leave will no longer be considered as annual leave, even if these cause leaves occurs during the duration of annual leave. These leaves will no longer be deducted from the total annual leave entitlement. Employees facing any of these grounds for suspension during their leave will no longer lose their annual leave days.

Annual leave pay upon termination – An employer shall pay:

1. for the vacation year during which the contract ends, the simple allowance for the balance of days of vacation to be taken and the double allowance if employee has not yet received it;
2. for the vacation year following the one during which the contract ends, the single and double vacation pay in advance.

Royal Order of 30 March 1967 14-24 and 35-36

Duration of the Leave: An employee who is about to give birth is entitled to maternity leave of 15 weeks. If a multiple birth is expected, the maternity leave is in principle 17 weeks but can be extended to 19 weeks.

Maternity leave is made up of two periods: the leave taken before childbirth (called prenatal leave or maternity leave) and the rest that starts on the day of the birth (called postnatal leave or maternity leave). 

 

Under no circumstances may the employee perform work activities in the 7 days preceding the expected date of birth and in the nine weeks that start on the day of the delivery. The other weeks can be taken either before or after delivery. 

Pay : An employee is entitled to receive compensation from their maternity insurance. 

Prenatal Leave: An employee is entitled to 6 weeks of leave before childbirth (or 8 for multiple births), this leave must start no later than 7 days before the due date. There is an option to use unused leave to extend post-childbirth leave. 

Postnatal Leave: An employee is entitled to 9 weeks of leave after childbirth, including any remaining prenatal leave. There is an option to save 2 weeks for use within 8 weeks after returning to work. If the child is hospitalized beyond 7 days, leave can be extended to a maximum of 24 weeks post-childbirth. 

Notification Requirements: An employee must inform the employer immediately upon confirming pregnancy, as legal protections take effect from the moment of notification. The employee is required to provide a medical certificate confirming the pregnancy, which must be submitted at least seven weeks before the expected delivery date or nine weeks in the case of multiple births. 

Maternity Leave Transfer: If the mother passes away, the remaining maternity leave can be converted for the father or co-parent. The employee must inform the employer within 7 days, specifying the start date and expected duration. 

 
Hospitalization or Death of Mother: Unused maternity leave can be taken by the employee for childcare in case of the mother’s hospitalization or death. It starts from the 7th day post-childbirth, after the newborn leaves the hospital, and if the mother’s hospitalization exceeds seven days. The leave ends when the mother leaves the hospital and cannot surpass the untaken part of maternity leave. The employee must notify the employer before starting the leave, providing a medical certificate for a hospitalization of at least seven days. If the employee gives birth to a lifeless child, maternity leave is granted on condition that the pregnancy has lasted at least 180 days from conception.

Breast Feeding Break – Women employees who work for more than 4 hours are entitled to 30-minute breastfeeding break per day and who work for at least 7 and half hours are entitled to 1 hour of breastfeeding break.  

Such breaks are considered as working hours and are paid by the social insurance. After the child is born, a female employee is entitled to rest periods for as long as 9 months after childbirth to breastfeed her child.  

Prenatal consultation Leave: Pregnant employee has the right to remain absent from work for the time necessary to undergo prenatal medical examinations. The time absent from work is paid as per their regular salary. Labor Act, 1971, Art. 39, 39bis 

Duration of Leave – Every employee who is a father or is a co-parent will be entitled to 20 working days of paid leave for the birth of a child. The same period applies in the case of multiple births.

Paternity leave is open to not only the biological father of the baby, but also to any person living with the mother: adoptive father, partner in a non-registered partnership or registered partnership, including of the same sex.

Usage of Leave- The employee must take this leave within 4 months from the day of the delivery. They do not necessarily have to be admitted all at once but can be spread over a period of 4 months from the time of delivery, at the choice of the employee. The day of delivery is the first day of those 4 months.

Pay Benefits: The first 3 days of leave are paid by the employer; the remainder is paid by social security at 82% of the gross salary.

Mother Dies / Hospitalized- A father may take the remainder of the mother’s postnatal leave to care for their newborn child if the mother is hospitalized or dies during maternity leave.

Notice requirement- The employee must notify the employer in advance of the delivery.  Act of 3 July 1978 on employment contracts, Art. 30.

An employee who takes in a minor child in his family as part of a long-term placement is entitled to an individual credit of a maximum of 6 weeks of foster parent leave. This means that this credit of six weeks of foster parent leave cannot be transferred to the other foster parent.

The employee must be officially appointed as a foster parent by a recognized authority, such as a court or a community-recognized foster care service.

The six-week individual credit can be doubled if the child is affected by a physical or mental incapacity of at least 66%. or has a condition that results in at least 4 points being awarded in pillar 1 of the medical-social scale within the meaning of the child benefit regulations or that at least 9 points are awarded in the three pillars of the medical-social scale within the meaning of the child benefit regulations. The individual credit can be extended by 3 weeks in the event of simultaneous reception of several minor children as a result of a placement as part of long-term foster care. If there are two foster care parents, they will share these additional weeks. Act of 3 July 1978 on employment contracts, Art. 30sexies.

The duration of the foster care leave is set at a maximum of 6 days per calendar year. During these days, the performance of the employment contract is suspended and the employee cannot claim wages at the expense of his employer. To compensate for this loss of wages, a benefit is provided for the employee who makes use of his right to foster care leave.

If the foster family consists of two employees, who are jointly appointed as foster parents, the 6 days of foster care leave should be divided between them. To this end, each of them must submit a declaration on their honor to their employer, stating exactly how the number of days of foster care leave will be divided among them each year. Act of 3 July 1978 on employment contracts, Art. 30quater.

Duration of the Leave: An employee is entitled to 6 weeks of leave in case of adoption of a minor child.  

The leave shall be taken at the latest within 2 months of the registration of the child in the population register. An employee shall take such leave only for periods of one week duration. 

Pay: The employer shall pay for the first 3 days of leave and the remainder shall be paid by the social security except for Sundays.  

 
Additional Adoption Leave: There is also an additional adoption leave entitlement where the duration of the adoption leave is extended by 4 weeks per adoptive parent. If there are two adoptive parents, they will share this additional week. Act of 3 July 1978, Article 30ter.

Any employee, male or female, is entitled to take parental leave of up to 4 months at any time during the first 12 years after the birth or adoption of a child. 

This leave can also be taken in the following ways:  

• Every full-time employee can continue to work part-time for a period of 8 months (‘half-time parental leave’); the eight-month period can be split at the employee’s discretion. However, a duration of two months or a multiple of this must be taken into account for each application. There is also a right to parental leave in the case of adoption.
• Every full-time employee may reduce their working hours by one fifth for a period of twenty months. This reduction in working hours may be split up at the employee’s discretion. 
• Every full-time employee may reduce their working hours by one tenth for a period of forty months, with the employer’s agreement. 

Extension of Parental Leave: This age limit set at 12 years can be extended to 21 years if the child is affected by a physical or mental incapacity of at least 66%. or has a condition that results in at least 4 points being awarded in pillar 1 of the medical-social scale within the meaning of the child benefit regulations or that at least 9 points are awarded in the three pillars of the medical-social scale within the meaning of the child benefit regulations. Royal Decree introducing a right to parental leave in the context of career interruptions, Art. 2, 2/1, 3.

Employees are entitled to the time credit for educational purposes, provided:

• • • either recognized by one of the three Belgian Communities (French, Flemish, or German-speaking) or by the sector;
    • totals at least 360 hours or 27 credits per year or 120 hours or 9 credits per academic term or per uninterrupted period of 3 months;

In addition, this time off can also be obtained if an employee wishes to follow an education provided in a center of basic education or training focused on obtaining a diploma or a certificate of secondary education, the limit of which is fixed at 300 hours per year or 100 hours per school term or per uninterrupted period of 3 months.

The time credit allowed for this period is 36 months maximum. The amount of this allowance is fixed. Employees are paid a monthly interruption allowance by Social security(ONEM). Collective Agreement No. 45 of December 19, 1989, Time Credit – General Scheme.

An employee is entitled to following short term family event leaves as follows : 

Marriage Leave – An employee is entitled to 2 working days of paid leave for their wedding. These days can be chosen during the week in which the event takes place or during the following week. 

Marriage of Close Family Members – An employee is entitled to 1 working day of paid leave for the wedding of their child, the child of their spouse, a brother, sister, brother-in-law, sister-in-law, parent, father-in-law, mother-in-law, or grandchild. 

Religious Ordination/Monastic Entry -An employee is entitled to 1 working day of paid leave day of leave for the ordination to the priesthood or entry into a monastery of their child, the child of their spouse, a brother, sister, brother-in-law, or sister-in-law. 

Solemn Communion of a Child – An employee is entitled to 1 working day of paid for the solemn communion of their child or the child of their spouse. If the ceremony coincides with a Sunday, public holiday, or an ordinary non-working day, the leave must be taken on the closest working day before or after the event. 

Liberal Youth Festival of a Child – An employee is entitled to 1 working day of paid for the participation of their child or the child of their spouse in the festival of liberal youth. If the festival coincides with a Sunday, public holiday, or an ordinary non-working day, the leave must be taken on the closest working day before or after the event. 

Military Recruitment/Medical Examination – An employee is entitled to up to 3 days of leave for their stay at a recruitment and selection centre or in a military hospital as a result of such a stay. 

Medical Examination for Conscientious Objecto – An employee is entitled to up to 3 days of leave for their stay at the administrative health service or in a designated nursing institution under the legislation on the status of conscientious objectors. 

Jury Duty, Court Summons, or Labor Court Appearance – An employee is entitled to up to 5 days of leave when participating in a jury, being summoned as a witness before a court, or appearing in person upon notice from the labour court. 

Election Duties – An employee is entitled to leave for the necessary time when performing duties as an assessor at a main polling station or any polling station during parliamentary, provincial council, and municipal elections. 

An employee is entitled to up to 5 days of leave when performing duties as an assessor in one of the main offices during the election of the European Parliament. 

An employee is entitled to up to 5 days of leave when performing duties as an assessor in a main office for counting votes during parliamentary, provincial council, and municipal elections.

An employee is entitled to take family care leave to assist a seriously ill family member or relative in one of the following manner – 

• Every employee (full-time or part-time) can fully suspend work activities for a maximum period of 12 months per patient. These interruptions must always be taken with periods of minimum 1 month and maximum 3 months;  <span data-ccp-props=”
• Each full-time employee can reduce work performance by 1/5 or 1/2 for a maximum period of 24 months per patient. These periods of reduction in work performance must also be taken with periods of minimum 1 month and maximum 3 months;<span data-ccp-props=”
• Any part-time employee whose normal average number of working hours per week is at least equal to three-quarters of the average full-time working hours of an employee who is employed full-time, can reduce the work performance to half of a full-time position during a period of maximum 24 months per patient. These periods of reduction in work performance must also be taken with periods of minimum 1 month and maximum 3 months. 

 Royal Decree introducing a right to career interruption for assistance or care of a seriously ill family member or relative, Art. 3, 6 

An employee is entitled to following bereavement leave:

Death of a spouse, cohabiting partner, child, or foster child in long-term care: 10 working days in total:

1. 3 working days to be taken between the day of death and the day of the funeral.
2. 7 working  days to be used within one year following the day of death.

Death of a parent, stepparent, or in-laws: 3 working days to be taken between the day of death and the day of the funeral.

Death of a foster parent in long-term care: 4 working days to be taken between the day of death and the day of the funeral.

Death of a relative by blood or marriage living with the employee: 2 working days to be taken between the day of death and the day of the funeral.

Death of a relative by blood or marriage (cecond degree) not living with the employee : 1 working day for the day of the funeral.

Death of a foster child in short-term care: 1 working day for the day of the funeral.

If employees are over 50 and return to work after a period of complete unemployment or disability, then most often employees are not entitled to 4 weeks of paid leave, instead, they can take a senior vacation in addition to incomplete vacation entitlement. For senior vacation days, employees are paid by social security, senior vacation allowances equal to 65% of capped salary. Collective Agreement No. 45 of December 19, 1989, Time Credit – General Scheme.

Employees are entitled to up to 10 days of unpaid leave per year for compelling reasons relating to unforeseen events. Collective Agreement No. 45 of December 19, 1989, Time Credit – General Scheme. Act of 3 July 1978 on employment contracts, Art. 30bis.

The employee has the right, within the leave credit for leave due to unforeseen circumstances, to take care leave.

Employees are entitled to a maximum of five days of leave per calendar year to provide personal care or support to a family member or specific relative with a serious medical condition requiring significant care. This leave can be taken consecutively or non-consecutively.  

Employees can choose the days for this leave, either as separate days or a continuous period. Act of 3 July 1978 on employment contracts, Art. 30bis.

Employees are entitled to a time credit, allowing them to fully or partially interrupt their work for the following reasons:

Childcare: To provide care for a child under the age of 8. The minimum duration for each request is 3 months.

Palliative Care: To care for a palliative care patient. The initial period is 1 month, extendable by an additional month.

Caring for a Seriously Ill Household or Family Member: The time credit can be requested for a period ranging from 1 to 3 months per request.

Caring for a Disabled Child: Employees caring for a disabled child under the age of 21 can request a minimum of 3 months per application.

Caring for a Seriously Ill Minor: Employees can request time credit to care for a seriously ill minor child or a minor child in their household, with each request lasting between 1 to 3 months.

For these care-related reasons, employees can take up to 51 months off, either fully or partially. This time off is supported by a fixed monthly allowance from Social Security (ONEM).

End-of-Career Time Credit

Starting at age 55, employees can reduce their working hours by half or by one-fifth until retirement. This doesn’t need a specific reason but requires at least 25 years of work experience. A monthly allowance is available from age 60, or from age 55 under certain conditions, like having at least 35 years of work experience or doing a heavy job.

Political leave gives private sector employees the opportunity to be absent from work to exercise a political mandate. Any employee from the private sector can take political leave under the following conditions.  

The maximum duration of political leave and the formalities to be complied with depend on the office or mandate held. 

Employees who hold a mandate or office have two options: 

• Continue Working with Limited Absence: The employee can maintain their regular job while taking up to two working days off per week to fulfill their mandate or office duties. 
• Suspend Employment Contract: The employee can temporarily stop working (suspend their employment contract) to fully dedicate themselves to their mandate or office duties. This option is available for only one mandate or office at a time. 

Additionally, within the same mandate or office, the employee can alternate between these two options as needed. 

Every employee has the right to suspend work performance completely or to reduce their work performance in order to devote himself to the palliative care of a person suffering from an incurable disease. Palliative leave can be taken in one of the following ways:

• each employee (full-time or part-time) can suspend work performance completely for a period of maximum 1 month per patient. This period can be extended twice with 1 month;
• each full-time employee can reduce work performance by 1/5 or ½ during a maximum period of 1 month per patient. This period can be extended twice with 1 month.

Notice Requirements: Leave starts the week after the employee submits a medical certificate confirming their willingness to provide care. Recovery Act of 22 January 1985 containing social provisions, Art. 100bis, 102bis.

Every employee who is a recognized informal carer of a person in need of care is entitled to a leave for informal care in the form of a complete suspension of the performance of their employment contract or a reduction in the work performance.

Leave for informal care can be taken in one of the following ways:

• every employee (full-time or part-time) can completely suspend the performance of their employment contract for a period of three months per person in need of care. The full interruption must be taken per month or a multiple thereof.
• each full-time employee can reduce their work performance by 1/5 or half over a period of six months per person in need of care. The reduction in work performance must be included per period of two months or a multiple thereof.

Each full-time employee can also combine both forms of admission on the understanding that the leave for informal care for the same person in need of care may not exceed the equivalent of three months of complete interruption. 

Notice Requirements: Any employee that takes this leave is required to inform their employer at least 7 days before the start of the leave.