Annual holidays: the parts of the day of incapacity for work treated as time worked!

Since 1 January 2018, parts of days not worked in the event of resumption of part-time work after an illness or accident, an industrial accident or occupational disease are treated as time worked for entitlement to annual holidays. This is provided for in a Royal Decree of 7 June 2018 recently published in the Belgian Official Gazette.
What are the consequences of this for workers?

Principle: periods of incapacity treated as time worked

The entitlement to annual holidays depends on the time worked in the previous calendar year (= holiday qualifying year).

Certain absences during the holiday qualifying year are, however, treated as actual days worked for determining entitlement to annual holidays for the following year (= holiday year).

This is the case, for example, for the first 12 months of illness or accident.

What happens in the case of partial resumption?

When the worker resumes work part-time (with the permission of the medical adviser of the health insurance fund) during the period of twelve months which is treated as time worked, this period continues as if the worker were still totally incapable.

But what if days or parts of days of incapacity for work are treated as time worked?

Previously

Previously, only full days of absence were treated as actual days worked for entitlement to annual holidays. The system of part-time work in which the worker resumed his activity was therefore decisive for the entitlement to annual holidays.

Mind that even though the legislation provided that only full days of incapacity were treated as days worked for the entitlement to annual holidays, the National Office for Annual Holidays also accepted the treatment as such for half days of incapacity for work for manual workers.

Presently

As from the "2018 holiday qualifying year - 2019 holiday year", the parts of days not worked in the event of resumption on a part-time basis (with the permission of the medical adviser of the health insurance fund) are also treated as actual days worked for entitlement to annual holidays.

Consequently, the entitlement to annual holidays is now determined in the same way, regardless of the work regime in which the worker resumes work.

Mind that in reality, this innovation only concerns non-manual workers. As mentioned above, the National Office for Annual Holidays already previously accepted the treatment as such for half days of incapacity for work for manual workers.

What in the case of an occupational disease or industrial accident?

From the "2018 holiday qualifying year - 2019 holiday year", the parts of days not worked are also treated as actual days worked for the entitlement to annual holidays in the event of resumption of part-time work as a result of an occupational disease or industrial accident.

Final clarification

The treatment as such for the entitlement to annual holidays of parts of days not worked in the event of resumption of part-time work after an illness or accident, an industrial accident or an occupational disease will only be valid as from 2018 holiday qualifying year. It will therefore only have an impact on the non-manual workers' entitlement to annual holidays from the 2019 holiday year onwards.

Source: Royal Decree of 7 June 2018 on the treatment of parts of days as time worked for the annual holidays in the event of resumption of part-time work following illness or accident, industrial accident or occupational disease, Belgian Official Gazette, 21 June 2018.

Author: Catherine Legardien

05/07/2018