Thematic leave: towards more flexibility!

A law recently published in the Belgian Official Gazette provides for a more flexible arrangement for taking parental leave, leave to assist or take care of a seriously ill household or family member, and leave to provide palliative care. We go through the new flexibility measures and the date of entry into force of each of these types of leaves.

PARENTAL LEAVE

Under certain conditions, parental leave can currently be taken in the form of:

• a full interruption of the work for 4 months, the employee may choose to split this period up into months;
• a reduction in work to a half-time job for 8 months, the employee may choose to split this period up into periods of 2 months or a multiple thereof;
• a reduction in work by 1/5th for 20 months, the employee may choose to split this period up into periods of 5 months or a multiple thereof.

Soon the employee, with the agreement of the employer, will be able to split up the period of parental leave as follows:

• into weeks, when the right is exercised in the form of a full interruption of the work;
• into months, when the right is exercised in the form of a reduction in work to half-time job

The date of entry into force of these new measures to split up the period of parental leave is not yet known. Although the law introducing these new measures enters into force on 6 October 2018, the Royal Decree clarifying the conditions for the implementation of the right to parental leave still needs to be amended. We will of course inform you when the expected changes are published.

Important! It is now expressly provided that, in the context of a reduction in work (to a half-time job or by 1/5th), the employee may, in agreement with his employer, choose to spread the reduced working time over the agreed period. This is only possible provided that:

• the average of the reduced working time corresponds to the normal number of working hours of a full-time job, and
• the agreed period is at least one month or a multiple thereof.

This clarification entered into force on 6 October 2018.

LEAVE TO ASSIST OR CARE FOR A SERIOUSLY ILL HOUSEHOLD OR FAMILY MEMBER

Under certain conditions, the employee may currently take leave for medical assistance in the form of:

• a full interruption of the work;
• a reduction in work to a half-time job;
• a reduction in work by 1/5th.

The periods of full interruption of the work and reduction in work may only be taken up in periods of minimum 1 month and maximum 3 months.

Soon the employee, with the agreement of the employer, may split the period of leave for medical assistance up into weeks when the right is exercised in the form of a full interruption of the work.

No change is therefore foreseen when the leave is taken in the form of a reduction in work (to a half-time job or by 1/5th).

The date of entry into force of this new measure to split up the period of parental leave is not yet known. Although the law introducing this new measure enters into force on 6 October 2018, the Royal Decree clarifying the conditions for the implementation of the right to leave for medical assistance still needs to be amended. We will of course inform you when the expected changes are published.

Important! It is now expressly provided that, in the context of a reduction in work (to a half-time job or 1/5th), the employee may, in agreement with his employer, choose to spread the reduced working time over the agreed period. This is only possible provided that:

• the average of the reduced working time corresponds to the normal number of working hours of a full-time job, and
• the agreed period is at least one month or a multiple thereof.

This clarification entered into force on 6 October 2018.

LEAVE TO PROVIDE PALLIATIVE CARE

Under certain conditions, the employee may take leave to provide palliative care in the form of:

• a full interruption of the work;
• a reduction in work to a half-time job;
• a reduction in work by 1/5th.

The duration of the leave to provide palliative care (regardless of the form in which it is taken) is set at 1 month per person; however, this period may be extended twice by one month.

However, it is now expressly provided that when the leave for palliative care is taken in the form of a reduction in work (up to half-time job or by 1/5th), the employee, in agreement with his employer, may choose to spread the reduced working time over one month. This is only possible provided that the average of the reduced working time corresponds to the normal number of working hours of a full-time job.

This clarification entered into force on 6 October 2018.

Source: law of 2 September 2018 amending the Economic Recovery Act of 22 January 1985 containing social provisions, as regards the flexibility of taking thematic leave, Belgian Official Gazette of 26 September 2018.