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On 1 October 2019, a new form of leave will take effect: the leave for informal carers.
This is a thematic leave[1] that can be granted to an employee who is recognised as an informal carer.
In concrete terms, what is this leave about?
An informal carer is a person who continuously or regularly helps or supports a person with a need for care.
In order to be recognised as an informal carer, the following cumulative conditions must be met:
In addition, the informal carer must provide the assistance and help on a non-professional basis, free of charge and in cooperation with at least one professional carer. Finally, he has to take into account the life project of the assisted person.
In order to be recognised as such, the informal carer must, with the consent of the assisted person or his legal representative, submit an application for recognition to the health insurance fund by means of a declaration of honour.
The leave for informal carers can be taken as:
Important!
Only full-time employees can reduce their work by 1/2 or 1/5. Part-time employees may only fully suspend their work.
However, a Royal Decree can determine the conditions under which a part-time employee may reduce his work by 1/5 or up to half of a normal full-time job.
In the event of full suspension of work, the duration of the leave shall be one month per person in need of help. However, a Royal Decree may extend this period up to a maximum of 6 months.
The duration of the right to full suspension of work shall in any case not exceed 6 months over the entire professional career.
If the work is reduced by 1/2 or 1/5, the duration of the leave shall be 2 months per person in need of help. However, a Royal Decree may extend this period up to a maximum of 12 months.
The duration of the right to reduction of work (1/2 and 1/5) shall in any case not exceed 12 months over the entire professional career.
An employee who wishes to exercise his right to leave must inform his employer in writing at least 7 days before the start date of the leave, unless the parties agree otherwise in writing.
In his application, he must indicate the period for which he wishes to obtain the leave. He must also enclose proof of the recognition of his statute as an informal carer of the person in need of care.
The notification can be made by handing over a written document to the employer (the latter signing a duplicate as an acknowledgement of receipt) or by means of a registered letter which is deemed to have been received on the 3rd working day after it was handed over to the post office.
Employees who claim a right to leave for informal carer are entitled to interruption benefits.
A Royal Decree must still determine the amount of these benefits and the other allocation conditions and modalities.
In the absence of such a Royal Decree, the amounts, conditions and allocation rules that apply to the leave for medical assistance also apply to the interruption benefits granted in the case of leave for informal carers.
The employee who takes up a leave for informal carer is protected against dismissal, as are the employees who take another thematic leave.
The leave for informal carers comes into effect on 1 October 2019. From this date, employees can submit an application to their employer.
Source: Act of 17 May 2019 recognizing informal carers, Belgian Official Gazette 2 July 2019.
[1] There are currently three thematic leaves: parental leave, leave for medical assistance and leave for palliative care.
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