Managing employee leave and vacation entitlements in Belgium requires a thorough understanding of the country's specific labor laws and social security system. Belgian legislation provides a framework for various types of leave, ensuring employees have time off for rest, illness, family events, and other significant life circumstances. Compliance with these regulations is essential for employers operating within the country.
The entitlement to many types of leave, particularly annual vacation, is often calculated based on the employee's activity during the preceding calendar year. This system ensures that employees build up their leave rights over time. Other leave types, such as sick leave or parental leave, have specific conditions and durations defined by law and collective bargaining agreements.
Annual Vacation Leave
In Belgium, the entitlement to paid annual vacation is generally calculated based on the days worked or assimilated (periods treated as worked, such as sick leave or temporary unemployment) during the previous calendar year (the "reference year"). For employees who worked a full year in the reference year, the standard entitlement is 20 working days of vacation in the current year. This applies to a five-day work week. The number of days is adjusted proportionally for employees who started working during the reference year or who work fewer than five days per week.
Vacation pay consists of two parts: the normal salary for the vacation days taken (single holiday pay) and an additional amount (double holiday pay). Double holiday pay is typically 92% of the gross monthly salary and is usually paid when the main vacation period is taken or in May/June. For blue-collar workers, holiday pay is managed by the National Office for Annual Vacation (ONVA) or a specific holiday fund, while for white-collar workers, the employer pays it directly.
Employees are generally required to take their accrued vacation days within the calendar year. Untaken days are typically lost, although specific company policies or collective agreements might have provisions for carrying over days in exceptional circumstances.
Public Holidays
Belgium observes a number of official public holidays each year. Employees are entitled to paid leave 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 off. This replacement day must be taken within the same calendar year. The employer and employee representatives (or the individual employee if no representatives exist) determine the replacement days.
Here are the official public holidays observed in Belgium in 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| April 21 | Easter Monday |
| May 1 | Labour Day |
| May 29 | Ascension Day |
| June 9 | Whit Monday |
| July 21 | Belgian National Day |
| August 15 | Assumption of Mary |
| November 1 | All Saints' Day |
| November 11 | Armistice Day |
| December 25 | Christmas Day |
Note: Regional community holidays (e.g., Flemish Community Holiday on July 11, French Community Holiday on September 27, German-speaking Community Holiday on November 15) are also observed in their respective regions.
Sick Leave
When an employee is unable to work due to illness or injury, they are entitled to guaranteed salary payments. The duration and amount of the guaranteed salary paid by the employer depend on the employee's status (blue-collar or white-collar) and length of service.
For white-collar workers, the employer generally pays 100% of the salary for the first 30 calendar days of absence. After this period, the employee receives benefits from their health insurance fund (mutualiteit).
For blue-collar workers, the system is more complex and involves different phases of payment by the employer and the mutualiteit. The employer's guaranteed salary obligation is shorter and often involves a percentage of the salary. After the employer's period, the mutualiteit takes over payments.
In all cases of sick leave, the employee is typically required to inform the employer promptly and provide a medical certificate within a specified timeframe (often 48 hours, but check applicable collective agreements or internal regulations).
Parental Leave
Belgian law provides various types of leave related to parenthood, including maternity leave, paternity leave, and adoption leave.
- Maternity Leave: Pregnant employees are entitled to 15 weeks of maternity leave (17 weeks for multiple births). This period is divided into compulsory prenatal leave (at least one week before the due date) and postnatal leave (at least nine weeks after the birth). The employee receives benefits from their health insurance fund, calculated as a percentage of their salary.
- Paternity Leave (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 must be taken within four months of the birth. The first three days are paid by the employer at 100% of the salary, and the remaining 17 days are paid by the health insurance fund at a percentage of the 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 national or international adoption. The leave is paid by the health insurance fund. Since 2019, an additional period of adoption leave is granted, shared between both parents.
- Parental Leave (Thematic Leave): In addition to the above, employees can take parental leave to care for their child up to the age of 12 (or 21 if the child has a disability). This leave can be taken as a full-time interruption (4 months), a half-time interruption (8 months), or a 1/5th interruption (20 months). Employees receive an allowance from the National Employment Office (ONEM/RVA) during this leave, not a salary from the employer.
Other Types of Leave
Belgian law and collective bargaining agreements also provide for various other types of leave for specific circumstances:
- Short Leave (Small Leave): This leave allows employees time off for specific family events or civic duties, such as marriage, birth of a child, death of a relative, or appearing in court. The duration varies depending on the event and the employee's relationship to the person concerned. This leave is typically paid by the employer.
- Leave for Compelling Reasons: Employees can take unpaid leave for urgent and unforeseen events requiring their intervention, such as illness of a family member. The duration is limited (e.g., maximum 10 days per year).
- Study Leave (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 advances the salary, which is then reimbursed by the government.
- Career Break / Thematic Leave: Besides parental leave, employees can take a career break for other specific purposes (e.g., to care for a seriously ill family member, for palliative care) or a general career break without specific justification, subject to conditions and quotas. Allowances are paid by ONEM/RVA.
- Political Leave: Employees who hold a political mandate may be entitled to specific leave to perform their duties.
Understanding and correctly applying the rules for these various leave types is crucial for maintaining compliance and positive employee relations in Belgium.
