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The summer holidays are approaching and lots of questions are arising about the legislation on the annual leave.
In this first Infoflash about annual leave, we will repeat the conditions for the granting of days of leave.
These conditions are always the same, regardless of the worker's status (manual or intellectual worker) and the manner in which the holiday periods are defined (through a collective or individual agreement).
When taking leave, the following rules must be taken into account:
1.The leave must be granted prior to 31 December of the holiday year. In principle, it is not allowed to transfer days of leave, not taken in the holiday year, to the following year.
Example – An intellectual worker works full-time (5 days/week) during the whole of 2023. In 2024, he is entitled to 20 days of leave which effectively have to be taken between 1 January and 31 December 2024.
As an employer, you risk (criminal) sanctions if you fail to grant your employees the holiday to which they are entitled. It is therefore in your interest to ‘encourage’ them to plan their holidays in good time and to keep them well informed on the subject.
As of 1 January 2024, an employee who, at the end of the holiday year, is unable to take all or part of the accrued annual leave days (due to a well-defined suspension of the employment contract, for example illness in the private life ) has the possibility of carrying over these days to a later time during the 24 months following this holiday year ( See our Infoflash of 30 november 2023).
2. For workers with school-age children, the leave shall by preference be granted during the school holidays.
3. Unless otherwise requested by the worker concerned, a continuous period of 2 weeks must be granted between 1 May and 31 October (3 weeks for the worker younger than 18 years on 31 December of the holiday qualifying year). In any case, a continuous holiday period of one week must be guaranteed.
4. The balance of leave days shall be exhausted in periods of low activity or on the occasion of regional, local or other holidays.
5. Taking half days of leave is not allowed, except:
Source: Royal Decree of 30 March 1967 determining the general terms and conditions for the implementation of the laws relating to the annual holidays of salaried workers, Moniteur Belge 11 August 1967.
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