Parental leave: changes that take effect on 10 November 2022.

The Royal Decree of 7 October 2022 and the Act of 7 October 2022 partially transposing the European Directive on work-life balance for parents and carers into Belgian law modify certain points regarding parental leave.

The new features mainly concern the postponement of parental leave and the calculation of the seniority requirement; they come into effect for parental leave applications submitted as of 10 November 2022.

Postponement of parental leave

When the employee has notified his employer in writing that he wishes to take parental leave as part of the career break, the employer may, within one month of the employee's written notification, postpone in writing the exercise of such parental leave if taking the leave during the period requested would seriously disrupt the proper functioning of the company.

The parental leave will begin no later than 6 months after the month in which the motivated postponement was made.

Until now, the employer had to justify the postponement by reasons related to the proper functioning of the company.

For parental leave requests submitted on or after 10 November 2022, the employer will have to be more explicit and give detailed written reasons for the postponement.

New obligation for the employer in case of parental leave in the form of a total suspension: when the employee has submitted a request for parental leave in the form of a total suspension, the employer who makes use of his right to postpone, must now propose in writing to the employee one or more alternatives to the taking of parental leave.

This may be another form of parental leave or another period between the start and end dates requested by the worker.

The written document must contain the proposed alternative form and/or the start and end dates of the proposed periods. It also mentions the period of time in which  the employee has to accept the employer's offer, which cannot be less than one week.

When the leave is postponed as a result of an alternative offered by the employer, the age limit of 12 or 21 years may be exceeded.

If the employer uses his right to postpone, the employee now has the right to waive the right to parental leave before it begins.

Seniority condition

The employee must have 12 months of seniority to be eligible for parental leave.

For the calculation of seniority, the periods that the employee has spent as a temporary worker with the employer as a user are now taken into account.

Parental leave of 1/10

Since 1 June 2019, the employee can, with the employer's agreement, benefit from a parental leave in the form of a reduction of 1/10.

For requests made by the employee on or after 10 November 2022, the employer must communicate his decision, with reasons, in writing.

The absence of a decision is considered to be an agreement by the employer.

Sources: Law of 7 October 2022 partially transposing the Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Directive 2010/18/EU of the Council, and regulating certain other aspects relating to leave (1), Belgian Official Gazette of 31.10. 2022; Royal Decree of 7 October 2022 partially transposing the Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Directive 2010/18/EU of the Council, Belgian Official Gazette of 31.10.2022.