Managing employee leave and vacation entitlements in Belgium requires a clear understanding of the country's labor laws and collective bargaining agreements. Belgian legislation provides robust protections for employees, ensuring they receive adequate time off for rest, illness, and significant life events. Employers must navigate various types of leave, including statutory annual holidays, public holidays, sick leave, and specific provisions for parental and other personal circumstances.
Compliance with these regulations is essential for businesses operating in Belgium. Understanding the calculation of holiday entitlements based on previous work periods, the rules surrounding public holidays, and the procedures for managing sick leave and family-related absences ensures fair treatment of employees and avoids potential legal issues.
Annual Vacation Leave
Annual vacation entitlement in Belgium is primarily calculated based on the employee's work performance during the preceding calendar year, known as the "service year." The leave accrued in the service year can then be taken in the subsequent calendar year, the "holiday year."
For a full year of employment in the service year, an employee is typically entitled to 20 days of paid annual leave in the holiday year, based on a 5-day work week. This corresponds to four weeks of vacation. For employees working six days a week, the entitlement is 24 days. If an employee worked less than a full year in the service year, their entitlement in the holiday year is proportional to the period worked.
Employees are also entitled to "holiday pay" during their vacation. This consists of two parts:
- Single holiday pay: This covers the employee's normal salary for the duration of the leave.
- Double holiday pay: This is an additional payment intended to cover extra expenses during the holiday period. For white-collar workers, it is typically calculated as 92% of the gross monthly salary, often paid out in May or June. For blue-collar workers, it is usually paid by the holiday fund.
Specific rules apply to young employees entering the workforce for the first time ("youth holidays") and employees resuming work after a period of inactivity ("senior holidays"), allowing them to take paid leave even without a full service year, with the cost potentially covered by unemployment benefits.
Public Holidays
Belgium observes 10 official public holidays each year. Employees are entitled to paid time off on these days. If a public holiday falls on a Sunday or another day that is not normally a working day for the employee, it must be replaced by another day. This replacement day is typically the next normal working day, unless otherwise agreed upon at the company or sector level.
Here are the standard public holidays in Belgium for 2025 and the day of the week they fall on:
| Holiday | Date | Day of Week |
|---|---|---|
| New Year's Day | January 1 | Wednesday |
| Easter Monday | April 21 | Monday |
| Labour Day | May 1 | Thursday |
| Ascension Day | May 29 | Thursday |
| Whit Monday | June 9 | Monday |
| Belgian National Day | July 21 | Monday |
| Assumption Day | August 15 | Friday |
| All Saints' Day | November 1 | Saturday |
| Armistice Day | November 11 | Tuesday |
| Christmas Day | December 25 | Thursday |
Note that All Saints' Day (November 1) falls on a Saturday in 2025 and will therefore require a replacement day for most employees working a standard Monday-Friday week.
Sick Leave
When an employee is unable to work due to illness or injury, they are entitled to paid sick leave. The employee must inform their employer as soon as possible and typically provide a medical certificate within a specified timeframe (often 24 or 48 hours, as per internal regulations or collective agreements).
The employer is legally obligated to continue paying the employee's salary for a certain period, known as the "guaranteed salary" period. The duration of this period depends on the employee's length of service and status (white-collar or blue-collar, although rules have largely been harmonized).
For most employees, the employer guarantees full salary for the first 30 days of absence due to illness or injury. After this guaranteed salary period, the employee receives benefits from their health insurance fund (mutuelle/ziekenfonds). The amount of the health insurance benefit is a percentage of the employee's salary, subject to certain caps.
It is crucial for employees to follow the correct procedure for notifying the employer and submitting medical certificates to ensure they receive their entitlements. Employers have the right to arrange for a control physician to verify the employee's incapacity for work.
Parental Leave
Belgian law provides various types of leave related to parenthood, including maternity leave, paternity (birth) leave, and adoption leave.
Maternity Leave
Pregnant employees are entitled to 15 weeks of maternity leave (19 weeks in case of multiple births). This leave is divided into:
- Prenatal leave: A maximum of 6 weeks before the expected delivery date (8 weeks in case of multiple births). At least one week is mandatory before the expected date.
- Postnatal leave: A mandatory period of 9 weeks immediately following the birth. The remaining prenatal leave not taken can be added to the postnatal leave.
During maternity leave, the employee receives benefits from their health insurance fund, calculated as a percentage of their salary.
Paternity (Birth) Leave
Fathers or co-parents are entitled to 20 days (or 40 half-days) of birth leave following the birth of a child. These days do not have to be taken consecutively but must be taken within four months of the birth.
For the first 3 days of birth leave, the employer pays the employee's full salary. For the remaining 17 days, the employee receives benefits from their health insurance fund, calculated as a percentage of their salary.
Adoption Leave
Employees adopting a child are entitled to adoption leave. The duration depends on the age of the child and whether it is a single or multiple adoption. The basic entitlement is 6 weeks per parent per adopted child under 9 years old (or 18 in case of disability). This leave can be extended by an additional number of weeks shared between both parents.
During adoption leave, employees receive benefits from their health insurance fund.
Thematic Parental Leave
In addition to the specific leaves above, employees can also take "thematic parental leave" under the career break system. This allows employees to suspend their career or reduce their working hours to care for their child (up to 12 years old, or 21 in case of disability). This type of leave is compensated by the National Employment Office (ONEM/RVA) with a fixed allowance, not based on salary.
Other Leave Types
Belgian law and collective agreements recognize several other types of leave for specific circumstances:
- Small Leave (Short Absence): Employees are entitled to a few days of paid leave for specific family events (e.g., marriage, birth, death of a relative) or civic duties (e.g., appearing in court). The duration varies depending on the event and the employee's relationship to the person concerned.
- Leave for Force Majeure: Employees can take unpaid leave for unforeseen events requiring their urgent and necessary intervention, such as a sudden illness of a family member. This leave is limited to 10 days per year.
- Paid Educational Leave: Employees in the private sector who follow recognized training courses can be absent from work while maintaining their salary, up to a certain number of hours per year. The employer is reimbursed by the government.
- Career Break / Thematic Leave (Sabbatical): Beyond parental leave, the career break system allows employees to temporarily suspend or reduce their work for other specific reasons (e.g., palliative care, medical assistance for a family member) or for a general "sabbatical" period, subject to employer agreement and quotas. These leaves are typically compensated by the ONEM/RVA.
- Political Leave: Employees elected to certain political mandates are entitled to be absent from work for their duties, with specific rules regarding pay and duration.
Understanding and correctly applying the rules for these various leave types is crucial for managing a workforce in Belgium compliantly and effectively.
