In Belgium, family obligations can sometimes require a worker to take time off to look after a sick child or seriously ill relative. Belgian law offers a number of solutions adapted to these situations, but it is important to be familiar with them in order to use them effectively. By taking these options into account, companies can not only support their employees in difficult times, but also strengthen their commitment and well-being at work.
Here's an overview of the types of leave available to meet these needs.
1. Leave for compelling reasons
This leave allows a worker to be temporarily absent from work in the event of unforeseen need, such as the illness of a child.
- Conditions: the situation must be urgent and unforeseeable.
- Duration: maximum 10 days per year, unpaid unless otherwise stipulated in the company's collective labour agreement (CLA).
- Formalities: inform the employer as soon as possible and, if requested, provide proof of the situation (e.g. medical certificate).
2. Parental leave
If the child is seriously ill, parental leave may be an option.
- Conditions: you must be the parent of a child under the age of 12 (or 21 in the case of a disability) and have been employed for at least 12 months.
- Duration: up to 4 months per child, in the form of a complete suspension or reduction of working hours.
- Compensation: a lump-sum allowance is provided by the NEO (National Employment Office).
- Special feature: this leave must be requested in advance (except in a serious emergency).
3. Time credit with reason
If you need to provide long-term care for a child or relative, time credit with reason may be a solution.
- Conditions: employee must have been with the company for at least 2 years and provide proof of reason (medical certificate required).
- Duration: up to 51 months, depending on the reasons and sectoral agreements.
- Compensation: monthly allowance paid by the NEO.
4. Palliative care or medical assistance leave
To care for a seriously ill or dying relative:
- Conditions: provide a medical certificate attesting to the seriousness of the relative's state of health.
- Duration: maximum 3 months per family member, renewable once.
- Compensation: lump-sum allowance provided by the NEO.
5. Teleworking or flexible working hours
Some companies offer more flexible solutions:
- Occasional teleworking: allows employees to work from home to manage family commitments.
- Flexible working hours: certain collective labour agreements or internal policies allow for flexible working hours in case of family needs.
Advice for employers
To help manage these situations humanely and effectively:
- Inform employees: make sure they know their rights and the steps to take.
- Encourage communication: listen carefully and tailor solutions to specific needs.
- Adopt a proactive policy: incorporate these options into HR tools to simplify the process.
Whether it's a one-off emergency or a prolonged period of need, the Belgian legal framework offers a range of solutions for reconciling professional life and family responsibilities. Proactive, caring management of such leave can make all the difference to the employer-employee relationship.
Reconciling work and family life remains a major challenge for many workers. Faced with the challenges of looking after sick children, various solutions exist today, but they are sometimes insufficient or unsuited to the realities of the workplace.
The 'Arizona'-government bill contains a number of measures aimed at achieving a better work-life balance. Among these, the introduction of a ‘family credit’ deserves particular attention: each child would receive, from birth, a ‘backpack’ of leave entitlements, regardless of the status of the parents. A scheme that could offer families greater flexibility and support. We'll be happy to keep you informed as soon as the practical details are known.
Stay tuned...
By Daniel Binamé, Development and Partnerships Manager, Partena Professional
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