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Last updated on: August 14th, 2024
Labor Requirements
The Labour Law in Belgium is regulated mainly by the Labor Act,1971 (last amended 2024). The Act governs the terms and conditions of employment such as working hours, holidays and rest periods, wages, overtime, employment relationships. The other acts that govern employment relationships are the Constitution of Belgium Public Holidays Act 1974, regulations on Annual Vacation, etc.
Hours & Pay Regulations
Normal Working Hours
Normal The working hours of the employees may not exceed 8 hours per day or 38 hours per week (exclusive overtime).
The standard weekly working time can be averaged to 38 hours over a specified reference period. However, in general, the effective normal weekly working time should not exceed 40 hours. For example, if employees work 40 hours per week, they are entitled to 12 compensatory rest days over a one-year reference period.
Similarly, if they work 39 hours per week, they should receive 6 compensatory rest days. The average weekly working hours and the total number of hours required during the reference period are typically calculated over one calendar year, unless another 12-month period is specified.
The average weekly working hours as well as the number of working hours that must be performed over the reference period, the duration of which is one calendar year, unless another period of twelve consecutive months is determined.
Daily working hours can be extended in the following cases:
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- Up to 9 hours if the work schedule includes half a week, a full day, or more than one day of rest, excluding Sunday.
- Up to 10 hours if workers are away from home for more than 14 hours a day due to the distance between their workplace and their residence or accommodation.
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Shift Work – When work is organized in successive shifts (with at least two shifts and two employees per shift), the maximum limits are 11 hours per day and 50 hours per week. Compensation rest must be provided to ensure the average weekly working time stays within 38 hours or the amount specified by a collective labor agreement over a reference period.
Flexible Working Hour – Flexible schedules allow adjustments to working hours, including variations between peak and off-peak times as per work regulations. However, daily hours cannot exceed 9 hours, and weekly hours cannot go beyond 45 hours.
Continuous work for technical reasons – For organizations where work must continue non-stop due to technical reasons, employees can work up to 12 hours a day and 50 hours a week. If daily work is limited to 8 hours, the weekly limit can be increased to 56 hours.
Reduction of working hours by granting additional compensatory rest days
Working hours can be reduced in an equivalent manner, by granting additional compensatory rest days without effectively reducing daily and weekly working hours.
For example: by granting 12 compensatory rest days per year, the weekly working hours are reduced to an average of 38 hours on an annual basis, while the daily and weekly performance remains at 8 hours and 40 hours.
Minimum limit – The duration of each work period may not be less than 3 hours, interrupted by short breaks, etc.
Internal limit of Working Hours
The internal working time limit is the maximum number of extra hours beyond the normal weekly working hours that still need to be accounted for within the reference period.
For annualized hours, you can’t work more than 78 extra hours in the first 3 months and 91 extra hours in the remaining months of the reference period. For example, in a company with a 40-hour workweek, this means you have a limit of 78 extra hours for the first 13 weeks and 91 extra hours for the rest of the reference period.
Overall, the internal limit is 143 extra hours over a 3-month period, regardless of the length of the reference period. This limit can be increased by a collective labor agreement but not decreased. Labor Code, 10 August 2001, Art. 19.
Overtime
Any work performed beyond 8 hours a day and 38 hours a week is considered overtime work.
Overtime can be allowed when the regular work requires either indispensable preparatory or finishing tasks, urgent loading and unloading of merchandise, work with material that deteriorates very quickly, exceptional and unforeseen increase in work, etc.
The working hours limits for including overtime shall be a maximum of 11 hours per day and 50 hours per week.
Employers cannot require employees to work more than 78 overtime hours in three months or 91 overtime hours in one year.
Pay – Overtime work is paid at a premium rate of 50% on the regular rate of pay. The ordinary wage includes the premiums that are directly related to the wage and that are paid together with it on each payday (eg: hazard premium, shift premium, the premium for night work, etc.).
Time off in Lieu – A collective agreement can arrange for compensatory rest in lieu of overtime payment. So, the employee shall be entitled to equivalent compensatory rest time for each hour of overtime work performed.
Voluntary Overtime
Voluntary overtime allows employees to earn additional wages by working extra hours. Employees must sign a written agreement with their employer before starting these overtime hours. This agreement is valid for 6 months and can be renewed if the employee continues to wish to work voluntary overtime.
Employees shall not exceed overtime work more than 11 hours per day and 50 hours per week. They can perform up to 100 voluntary overtime hours per calendar year, which are eligible for overtime premium of at least 50% for work performed on weekday hours and premium pay of at least 100% for work performed on Sundays and public holidays. However, these hours do not qualify for compensatory rest.
The 100-hour limit can be increased by a sectoral collective labor agreement, with a maximum increase of up to 360 hours per calendar year if approved by royal decree. Labor Act, 1971, March 16 (as amended), art. 25ibis, 29.
Night Work
Night work is considered as the hours worked between the hours of 8 p.m. and 6 a.m with work consistently provided between midnight and 5 a.m. There is a general prohibition on night work but various exceptions exist to this general prohibition.
In principle, employees who engage in night work (between 8 pm and 6 am) are not entitled to a supplement to their wages/salary (bonus). Night work is paid in the same way as work carried out in the daytime. There are two exceptions to this principle:
- In particular sectors, the joint committees have concluded collective agreements which make provision for additional remuneration for night work;
- In the absence of collective agreements, it is additionally provided that specific compensation should be granted to workers employed under schemes that regularly involve work between midnight and 5 am. From 1 June 2017, EUR 1.16 (EUR 1.41 for employees of at least 50 years).
Labor Act, 1971, March 16 (as amended), art 35 – 38.
Breaks
An employee is entitled to paid break of 15 mintues when the workday exceeds 6 hours. The duration of each working period may not be less than three hours. Labor Act, 1971, March 16 (as amended), arts. 38quater.
Daily Rest Period
An employee is entitled to at least 11 consecutive hours per period of 24 hours. However, an interruption with a duration of fewer than 11 hours or the non-combination of this interruption with Sunday rest is permitted in cases of successive shifts, continuous work, etc. Labor Act, 1971, March 16 (as amended), art. 38ter.
Sunday Work
Sunday is a mandatory day of rest. An employee who works on a Sunday is entitled to compensatory time, which is generally taken within six days after the Sunday worked.
The obligatory daily rest duration of 11 hours must be combined, depending upon the situation, either with the Sunday rest (24 hours) or with the compensatory rest in case of work performed on Sunday, so that the employee has a total weekly rest period of 35 consecutive hours.
An employee may be employed on Sundays 12 times a year, without however being allowed to exercise this right for more than 4 consecutive weeks:
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- in companies that work for only part of the year or in which seasons of the year, work is done more intensively;
- in companies that are carried out in the open air and where work can be hindered by unfavorable weather.
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The compensatory rest should not be deducted from the working hours. For example, the rest should not necessarily coincide with the employee’s normal working day: this rest may coincide with the day on which the company usually does not work (usually Saturday).
However, the rest may not coincide with a public holiday, nor with a day of catch-up rest granted within the framework of the regulations on public holidays, nor with a day of rest granted due to exceeding the normal working time limits( another compensatory rest).
Employees who work in successive shifts may be employed on Sundays, provided that their work is interrupted once a week for a period of 24 consecutive hours, of which at least 18 are on Sundays.
Compensatory Rest – Employees who perform Sunday work are entitled to compensatory rest during the 6 days following the Sunday in question. The length of the period of compensatory rest is granted as follows:
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- a full day if the work on Sunday lasted for more than four hours;
- half a day if the work on Sunday did not last more than four hours; compensatory rest should be granted before or after 1 pm and on that day the worker may not work for more than five hours.
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Overtime on Sunday – If work is done on Sunday, the worker is entitled to his normal remuneration unless they are entitled to receive overtime. Overtime worked on Sundays is paid at a 100% premium on the regular rate of pay. Labor Act, 1971, March 16 (as amended), arts. 11 – 18.
Public Holidays
Employees are entitled to the following 10 national holidays per year with pay:
- New Year’s Day- January 1
- Easter Monday (date varies)
- Labor Day – May 1
- Ascension (date varies)
- Pentecost (date varies)
- Independence Day, July 21
- Assumption Day, August 15
- All Saints’ Day – November 1
- Armistice Day – November 11
- Christmas – December 25
Work on Public Holiday – If an employee was employed during a public holiday, he is entitled to compensatory rest.
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- The compensatory rest must be a full day if the work has lasted longer than four hours.
- If the performance has not lasted longer than four hours, you can enjoy half a day of compensatory rest. This rest must be granted anytime and no more than 5 hours of work may be performed on that day.
- This rest is granted within six weeks following the public holiday unless other allocation modalities for the compensatory rest are provided for in accordance with a royal decree for some branches of industry or categories of employees.
- The compensatory rest must be charged during the working hours, which means that the compensatory rest must coincide with a normal working day for the employee.
- The compensatory rest must be a full day if the work has lasted longer than four hours.
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Overtime Work on Public Holiday – Overtime worked on holidays or replacement rest days are paid at a 100% premium on the regular rate of pay.
Replacement day – When a public holiday falls on a weekend, employees are entitled to an additional day off, which is typically the first working day following the public holiday.
The catch-up rest must coincide with the employee’s normal day of activity. The catch-up rest may therefore not coincide with a normal day of inactivity or with a rest day granted if the normal working time limits are exceeded or in the context of a reduction in working time.
Pay – The employer must pay for the public holidays, the replacement days, and the recovery days. The wages for a public holiday or a replacement day are equal to the wages that the employee would normally have earned if he had actually worked that day.
If the public holiday falls during a period of suspension of the performance of the employment contract, the employee may retain his right to wages. Act Regarding Public Holidays Art. 4 – 11.
Annual Leave
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:
- an accident at work or occupational disease, giving rise to compensation;
- an accident or illness
- maternity leave;
- the paternity leave
- 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 –
- the actual working days (the days when you worked);
- 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:
- 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;
- 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
Special Leave
Duration of Sick Leave: An employee is entitled to take up to 30 days of sick leave at 100 % pay. Annual Leave is given typically on an Annual basis to full-time employees.
Sick Leave Pay: The employer pays the normal wage (guaranteed weekly wage) for the first 7 days. From the 8th day to the 14th day the employer pays 85.88% of the normal wage. From the 15th day you are covered by health and disability insurance; the health insurance fund will pay the employee 60% of the wages and the employee will also receive 25.88% of the wages from the employer.
If an employee returns to work and has a relapse within 14 days, the employee is not entitled to an additional period of sick leave benefits.
Timing of Providing Sick Leave Certificate: Employees are not required to produce a medical certificate for the first day of their incapacity, only for two or more working days off. This means that the employer should provide a sick certificate to the employee on the fourth day of their illness.
However, some employers may choose to provide a sick certificate earlier, depending on their company policies or the nature of the illness. For the first day of absence, it will suffice for the employee to call in sick prior to the start of the work day.
Carryover of Sick Leave in Exceptional Cases – Unusued days of sick leave may be transferred to the following year when the suspension of leave happens in certain cases.
These cases include an accident at work, occupational disease, other accidents and illnesses, paternity leave consisting of converted maternity leave, prophylactic leave, birth leave, adoption leave and foster care leave. In such cases, untaken holidays can be used up to 24 months after the end of the holiday year.
Sick Leave Coinciding with Annual Leave – Employees who become sick during their annual leave, shall not lose their leave duration, instead can take the annual leave at a later date. Article 54, § 2 of the Employment Contracts Act of 3 July 1978.
Duration of the Leave – An employee shall be entitled to paid leave due to pregnancy and childbirth in the amount of 410 days for each child, of which 45 days must be used before birth. If the birth takes place before the expiration of 45 days from the beginning of the use of the leave, the remainder shall be used after the birth.
An employee must take 42 days immediately after childbirth. The mother is entitled to this leave regardless of whether the child was stillborn or given up for adoption.
Employees who are enjoying maternity leave, and the child is accommodated via placement of child with a family of relatives or friends, as well as placement of a child to be reared by a foster family, have the right to maternity leave in the amount of the difference from the age of the child on the day of his / her placement until the expiration of the term of the remaining maternity leave. This leave may not be used simultaneously with the leave.
Eligibility Criteria: An employee must be insured for sickness and maternity benefits for at least 12 months at the beginning of the period of leave to be eligible. These 12 months may be continuous or non-continuous and employees do not need to have been employed by the same employer.
Pay Benefits – The employee is entitled to receive compensation from social security.
Notification: An employee must certify pregnancy leave with medical documents and issue it to their employer.
Breastfeeding: Employees are entitled to a paid breastfeeding break of 1 hour twice a day until the child is 8 months old. Alternatively, the break can be 2 hours at one time with employee consent. For employees with reduced working hours (7 hours or less), the break is 1 hour per day. After 8 months, the break is 1 hour per day and is granted based on health authority approval if breastfeeding is still needed.
For Twins or Premature Children: Employees can take 3 hours per day until the child is 8 months old. After 8 months, the break is 2 hours per day if necessary, as approved by health authorities. For those working a reduced schedule, the break is initially 2 hours per day and 1 hour per day after 8 months. This break can be split into two intervals with consent.
Adoptive and Found Children: The same breastfeeding breaks apply to adoptive mothers and mothers of found children.
If the child is stillborn, dies, or placed in state-supported childcare or for adoption:
- Mother has leave rights until 42 days from birth.
- If the mother can’t work after 42 days, health authorities can extend leave until she’s able to work.
- Leave is paid as maternity leave during this period.
Adoption or Childcare Placement After 42nd Day:
- If the child is adopted, placed in childcare, or dies after the 42nd day
- Leave terminates from the next day.
- If the mother can’t work due to childbirth, health authorities can extend leave until she’s able to work.
Postponement of Annual Leave- An employee who is unable to take their annual leave as they are on their maternity leave, can postpone the use of paid annual leave as per the agreement between the employer and employees.
Transfer of Maternity Leave: The leave pending from 410 leave can be transferred to the child’s father, grandmother or grandfather after the child reaches 6 months of age.
An employee who takes maternity leave must submit to their employer an application form and a copy of the birth certificate.
Breast Feeding Break – Women employees who work for more than 4 hours are entitled to 30 minute rest periods per day and who work for at least 7 and half hours are entitled to a 1-hour break. Such breaks are considered working hours and are paid by social insurance. After her child is born, a female employee is entitled to rest periods for as long as 9 months after childbirth to breastfeed her child.
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.
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 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.
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.
Single Adoptive Parents: An employee who adopts a child under 5 years old can take 365 days of leave starting from the day the child is transferred for adoption. This leave must be used before the child turns 5.
Adoptive Couples: If a couple adopts a child, either parent can take the leave. They must use it 6 months after the child is transferred and before the child turns 5, if they are employed.
In Case of Death of an Adoptive Parent: If the adoptive parent dies, one of their parents or the surviving adoptive parent can use the leave, provided they are employed.
Leave Transfer to Employee’s Parents: With the adoptive parent’s permission, after 6 months from adoption, one of the employee’s parents can take the leave instead, if they are employed.
Additional Leave for Childcare: After the initial leave, if the child is not yet 2 and is not in daycare, the adoptive parent or caregiver can take additional leave until the child turns 2.
Married Adoptive Parents: Married adoptive parents are each entitled to 15 days of leave for adopting a child under 5, starting from the day of adoption, but this must be taken before the child turns 5.
Pay Benefits: Employees will receive paid leave from state social insurance if their leave is interrupted by work.
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.
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. Article 30, § 2 of the Employment Contracts Act of 3 July 1978.
Employees are entitled to the time credit for educational purposes, provided:
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- 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;
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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.
- Employee’s wedding: 2 working days, to be chosen by the employee during the week in which the event takes place or during the following week;
- Marriage of a child of the employee or of his spouse, of a brother, sister, brother-in-law, sister-in-law, of the employee’s father, mother, father-in-law, mother-in-law, of a grandchild: the day of the wedding;
- Ordination to the priesthood or entry into the monastery of a child of the employee or of his spouse, of a brother, sister, brother-in-law, or sister-in-law of the employee: the day of the ceremony;
- Solemn communion of a child of the employee or his spouse: the day of the ceremony (when it coincides with a Sunday, public holiday, or ordinary day of inactivity: the ordinary day of activity immediately preceding or following the event follows).
- Participation of a child of the employee or of his spouse in the festival of liberal youth where this festival takes place: the day of the festival (when this coincides with a Sunday, public holiday, or normal day of inactivity: the normal activity day immediately preceding or following the event);
- Stay of the conscript employee in a recruitment and selection center or in a military hospital as a result of his stay in a recruitment or selection center: the necessary time, with a maximum of 3 days;
- Stay of the conscientious objector employee at the administrative health service or in one of the nursing institutions designated by the King under the legislation on the status of conscientious objectors: the necessary time, with a maximum of 3 working days;
- Participation in a jury, summons as a witness before the court or personal appearance upon notice of the labor court: the necessary time, with a maximum of 5 working days;
- Carrying out the office of assessor at a main polling station or any polling station during parliamentary, provincial council and municipal elections: the necessary time;
- Carrying out the office of assessor in one of the main offices at the election of the European Parliament: the necessary time, with a maximum of 5 working days;
- Carrying out the office of assessor in a main office for counting votes at parliamentary, provincial council and municipal elections: the necessary time, with a maximum of 5 working days.
- 3 days to be taken between the day of death and the day of the funeral.
- 7 days to be used within one year following the day of death.
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- 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.
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- 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.
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Collective Agreement No. 45 of December 19, 1989, Time Credit – General Scheme.
An employee is entitled to take family care leave to attend to any sick relative who lives with the employee. Similarly, an employee is generally allowed to take leave to care for a person with a terminal illness, who in this case need not be a family member. An employee who seeks family care leave must give the employer seven days’ advance notice; the leave may be deferred at the request of the employer but not refused. Family care leave is limited to an initial period of one month and may be extended an additional month. Collective Agreement No. 45 of December 19, 1989, Time Credit – General Scheme.
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:
Death of a parent, stepparent, or in-laws: 4 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.
Employees who have the requisite seniority can take a sabbatical or work reduced hours. Collective Agreement No. 45 of December 19, 1989, Time Credit – General Scheme.
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. Employees from the public sector and employees employed in educational institutions of the freely subsidized sector are not covered by this scheme. The maximum duration of political leave and the formalities to be complied with depending on the office or mandate held.
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:
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:
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.
