Whether you want to start a sole proprietorship or a company, Partena Professional helps you start your business 100% digitally with personal assistance by our experts.
Have you been appointed co-owner, active partner or self-employed helper and you want to register as a self-employed person?
want to know more about our services or want to chat with our experts? Visit one of our offices near you.
Increase your chances of success with our experts' help.
Our experts will give you the answers you seek.
Alter your business details via our one-stop shop for entrepreneurs.
Discover our practical tool for your social insurance dossier.
Want to know more about our services or want to chat with our experts? Visit one of our offices near you.
and reap the benefits of our social secretariat's support.
Take advantage of Partena Professional's expertise and knowledge
Discover the benefits we can give you as an accountant.
On 17 June, the Chamber passed a bill providing for significant changes to the right to bereavement leave (leave of absence), mainly with regard to the duration of the leave that workers can take in the event of the death of their spouse or child.
In the event of the death of the spouse (or legal cohabitant) or of a child of the worker or of his/her spouse (or legal cohabitant), the worker is currently entitled to 3 days of leave of absence (paid by the employer) to be freely chosen in the period from the day of death until the day of the funeral.
Important note! A longer period may be provided for by a provision contained in a collective agreement (CLA) at the sector or company level, in the employment regulations applicable in the company or in the employment contract.
The bill provides that in the event of the death of the spouse or cohabiting partner, of a child of the worker or of his/her spouse or cohabiting partner, the duration of the absence is 10 days (paid by the employer) of which:
At the worker's request and with the employer's agreement, the two periods in which these days must be taken can be deviated from.
These rules also apply in the event of the death of a foster child in long-term foster care (see below for definition) at the time of death or in the past.
The bill also provides for specific provisions in the event of a period of incapacity for work (other than an occupational disease) or of an accident (other than an occupational accident or an accident on the way to or from work) that follows a period of absence (leave of absence) due to the death of the spouse or cohabiting partner, of a child of the worker or of his/her spouse or cohabiting partner.
In that case, the days of leave of absence, as from the 4th day, will be charged against the period of the guaranteed wage, on condition that this 4th day follows a 3rd day of leave of absence.
This rule applies to both manual and non-manual workers and domestic servants.
Example: A non-manual worker takes 10 days (3 days + 7 additional days) of leave of absence due to the death of his child. The worker is then incapacitated for work for 25 days.
For the 10 days of leave of absence, the non-manual worker maintains his remuneration at the expense of the employer.
Since a period of incapacity for work follows the10 days of leave of absence, the additional 7 days of leave of absence can be charged against the period of the guaranteed wage.
Since the incapacity for work lasts 25 days, it exceeds the 23-day period of the guaranteed wage (30 days - 7 days). Consequently, the non-manual worker will receive incapacity benefits from the health insurance fund from the 24th day (and not from the 31st day).
If a provision contained in a CLA at the sector or company level, in the employment regulations applicable in the company or in the employment contract currently provides for a higher number of days of leave of absence than the number provided for in the current regulations (3 days), these additional days will not be charged against the period of the guaranteed wage if the period of leave of absence is followed by a period of incapacity.
Example: a sectoral CLA provides for 2 additional days of leave of absence in case of the death of a child of the non-manual worker, bringing the bereavement leave to 5 days. If the non-manual worker chooses to take the 10 days of leave of absence (to which he is entitled under the bill) and then becomes incapacitated for 27 days, he will be entitled to:
Since the incapacity for work lasts 27 days, it exceeds the 25-day period of the guaranteed wage (30 days - 5 days). Consequently, the non-manual worker will receive incapacity benefits from the health insurance fund from the 26th day (and not from the 31st day).
In addition to an important change in the duration of bereavement leave in the situation mentioned above, the bill provides for other minor adjustments. The table below shows the duration of absence for those reasons for absence related to death that entitle you to leave of absence.
Important note! A longer duration may be provided for by a provision contained in a CLA at the sector or company level, in the employment regulations applicable in the company or in the employment contract.
Reason for absence
Duration of absence
Death of the spouse or cohabiting partner, of a child of the worker or of his/her spouse or cohabiting partner or death of a foster child in long-term foster care at the time of death or in the past
10 days, of which 3 days to be chosen by the worker during the period starting with the day of death and ending on the day of the funeral and 7 additional days to be chosen by the worker within one year from the day of death (1)
Death of the father, mother, father-in-law, stepfather, mother-in-law, stepmother of the worker or of his/her spouse or cohabiting partner
3 days to be chosen by the worker during the period starting with the day of death and ending on the day of the funeral (2)
Death of the worker's foster father or foster mother in the context of long-term foster care at the time of death
Death of a brother, sister, brother-in-law, sister-in-law, grandfather, grandmother, grandchild, great-grandfather, great-grandmother, great-grandchild, son-in-law, daughter-in-law of the worker or of his/her spouse or cohabiting partner living with the worker
2 days to be chosen by the worker during the period starting with the day of death and ending on the day of the funeral (2)
Death of a brother, sister, brother-in-law, sister-in-law, grandfather, grandmother, grandchild, great-grandfather, great-grandmother, great-grandchild, son-in-law, daughter-in-law of the worker or of his/her spouse or cohabiting partner not living with the worker
1 day to be taken by the worker on the day of the funeral (3)
Death of a foster child of the worker or of his/her spouse or cohabiting partner in the context of short-term foster care at the time of death
(1) At the worker's request and with the employer's agreement, the two periods in which these days must be taken can be deviated from.
(2) At the worker's request and with the employer's agreement, the period in which these days must be taken can be deviated from.
(3) This day may be taken at another time at the worker's request and with the employer's agreement.
The bill also specifies what is meant by:
These new provisions will enter into force ten days after their publication in the Belgian Official Gazette. We will keep you updated.
Source: Bill to extend bereavement leave in the event of the death of a partner or child and to make the taking of bereavement leave more flexible.
The Partena Professional website is a channel for making information available in an understandable form to affiliated members and non-members. Partena Professional strives to provide up-to-date information and this information is compiled with the greatest care (including in the form of Infoflashes). However, as social and fiscal legislation is constantly changing, Partena Professional cannot accept any liability for the correctness, the up-to-date or the completeness of the information consulted or exchanged via this website. Further provisions can be read in our general disclaimer that applies to every consultation of this website. By consulting this website, you expressly accept the provisions of this disclaimer. Partena Professional can unilaterally change the content of this disclaimer.