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Birth leave allows an employee to be absent from work for the birth of a child whose parenthood has been legally established.
For births as of 1 January 2023, the employee has the right to be absent from work for 20 days.
If no legally established parenthood of the father:
In the absence of an employee whose parentage has been legally established, a rule of priority is introduced for the allocation of birth leave: the leave is allocated in priority and in decreasing order to the employee who, at the time of the birth:
Sources: Article 30 §2 of the Employment Contracts Act of 3 July 1978 as amended by article 63 of the Programme Act of 20 December 2020, Belgian Official Gazette of 30.12.2020and by article 6 of the Act of 7 October 2022, partially transposing Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019, on work-life balance for parents and carers, repealing Council Directive 2010/18/EU and regulating certain other aspects of leave, Belgian Official Gazette 31.10.2022.
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