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The notion of disabled child in the context of parental and adoption leave was broadened on 31 December 2018.
When the child is disabled, the maximum duration of adoption leave available to the employee is doubled, while the age limit for parental leave is raised to 21 years.
Until now, for the application of these two regulations, the child had to suffer from a physical or mental incapacity of at least 66% or score at least 4 points in the first pillar of the medical-social scale as a consequence of a disorder within the meaning of the regulations concerning child benefits.
Since 31 December 2018, the concept of disabled child has been broadened. It also concerns children suffering from a condition resulting in a score of at least 9 points in all 3 pillars of the medical-social scale within the meaning of the regulations concerning child benefits.
This change applies to all requests for adoption or parental leave submitted to the employer from 31 December 2018.
Source: Act of 14 December 2018 laying down various employment provisions, Belgian Official Gazette of 21 December 2018.
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