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Belgium Leave Laws

laws

Holidays

  • 1st January – New Year’s Day
  • 4th April – Easter Sunday
  • 5th April – Easter Monday
  • 1st May – Labour Day
  • 13th May – Ascension Day (39 days after Easter Sunday)
  • 23rd May – Pentecost Sunday (50 days after Easter)
  • 24th May – Pentecost Monday (7th Monday after Easter)
  • 21st July – Independence Day
  • 15th August – Assumption Day
  • 1st November – All Saint’s Day
  • 11th November – Armistice Day
  • 25th December – Christmas Day

 Employees are entitled to remuneration for 10 official public holidays. If a public holiday falls on a Sunday or on a day on which the employee does not usually work, the employer must grant a replacement day.

Paid Time Off

PTO (Paid Time Off)

  • Vacation/Annual Paid Leave

The number of days of annual leave to which an employee is entitled for a given year, is determined in proportion to the number of days worked. Employees are entitled to 20 to 24 days of annual leave, depending on their working regime. 

  • PTO payout at the termination

Employers can terminate employment contract with the granting of a notice period or terminate the employment contract immediately with a payment of an indemnity in lieu of notice.

Maternity Leave, Child Raising Leave, Parental Leave

Maternity Leave

A pregnant employee is entitled to 15 weeks of maternity leave. In the case of twins (multiple pregnancy), the leave is in principle 17 weeks but it can be extended up to 19 weeks.

Maternity leave consists of two periods: the leave which is taken before the childbirth (prenatal leave or pregnancy leave) and the rest which begins from the day of childbirth (postnatal leave or childbirth leave).

Employees are forbidden to perform work during the seven-day period preceding the presumed date of delivery, and within the nine weeks which begin on the day of delivery. The remaining weeks can be taken either before or after childbirth.

In case of a stillbirth, maternity leave is granted as long as the pregnancy has lasted a minimum of 180 days from the date of conception.

The employee is required to provide her employer at the latest seven weeks before the expected date of delivery (or nine weeks when a multiple birth is expected), a medical certificate attesting to this date.

Parental Leave

All employees are entitled to take parental leave. Employees can choose one of the following forms of parental leave:

  • each employee (employed full-time or part-time) may for a period of four months completely suspend the execution of his employment contract. 
  • each employee employed full-time may continue his benefits part-time for a period of eight months (part-time parental leave). The eight-month period may, at the choice of the worker, be taken in several installments. Each request must, however, relate to a period of two months or a multiple of this figure.
  • each full-time employee has the right to reduce their work performance by one fifth for a period of 20 months (parental leave 1 / 5th). This 20-month period may, at the worker’s choice, be taken in several installments.
  • each full-time worker has the right to reduce work performance of one tenth for a period of 40 months, subject to the employer’s agreement. This 40- month period can be taken in several installments.

Foster Parental Leave

An employee who takes in a minor child in his family as part of a long-term foster care is entitled to an individual credit for parental leave of up to six weeks. This credit for six weeks of foster parental leave is not transferable to the other foster parent.

Adoption Leave

An employee who adopts a minor child is entitled to an individual adoption leave credit of up to six weeks. This six-week adoption leave credit is not transferable to the other adoptive parent.

Sick Leave

Sick Leave

In case of illness or private accident, the employee continues to receive his/her regular salary during a period of thirty calendar days.

Family Care Leave

In order to assist a seriously ill household or family member, the employees are entitled to one of the following forms of leave:

 

  • All employees (employed full-time or part-time) can completely suspend their services for a period of 12 months maximum per patient. These interruptions must be taken each time for periods of a minimum of one month and a maximum of 3 months
  • All employees are entitled to reduce their benefits by 1/5 or 1/2 during a period of 24 months maximum per patient. These benefit reduction periods must also be taken each time in periods of a minimum of one month and a maximum of 3 months;
  • All employees employed part-time whose average weekly working hours is at least equal to ¾ of the average weekly working hours of a full-time worker can reduce his or her benefits by up to half of full-time employment for a maximum period of 24 months per patient. These benefit reduction periods must also be taken each time in periods of a minimum of one month and a maximum of 3 months.

Jury Duty Leave, and Voting Leave

Employees are entitled to paid time off to perform their duties.

Bereavement Leave

Employees are entitled to paid leave due to a death of a family member.

Military Leave

Not specified by law.

 

Please consult your local legal counsel to learn more about Belgium Leave Laws.

 

To learn more about laws in various countries, check out our Leave Laws page.

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    All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.