Possibility of carrying over leave days - Now it is official!

Author: Catherine Delos (Legal Expert)
Read time: 2min
Publication date: 30/11/2023 - 12:03
Latest update: 30/11/2023 - 12:05

From 1 January 2024, employees who become ill during their leave or who are unable to take their leave for a specific reason will be able to carry over their leave to a later date.

We describe the conditions and application of this measure in our Infoflashes of 20 March 2023, 20 July 2023, and 2 August 2023.    

Only suspensions occurring from 2024 onwards

These options for carrying over all or part of the leave days only apply to certain cases of suspension of the employment contract (e.g. incapacity for work in private life, maternity leave, childbirth leave, ....) occurring from 1 January 2024 at the earliest.

They do not apply to leave for the 2023 holiday year (accrued during the 2022 holiday year). So, for example, an employee who, at 31 December 2023, has not been able to take (all or part of) his 2023 leave (accrued on the basis of 2022) because of one of the cases of suspension of the employment contract listed in the new measure will not be able to carry it over to 2024.


Sources: Royal Decree of 8 February 2023 amending articles 3, 35, 46, 60, 64, 66 and 68 and inserting an article 67bis in the Royal Decree of 30 March 1967 determining the general terms and conditions for implementing the laws relating to annual leave for salaried employees (Belgian Official Gazette of 16 March 2023) - Law of 17 July 2023 amending the law of 3 July 1978 relating to employment contracts and the law of 8 April 1965 instituting work regulations with regard to the coincidence of annual leave and incapacity for work, Belgian Official Gazette of 31.07.2023.


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