[Belgium] Labour law amendment: illness during annual leave

In Belgium earlier this year, leave legislation was amended so that leave days of employees who fall ill during their statutory leave days are converted into sick days. Mondaq summarises the changes employers need to be aware of.

On July 31, 2023, a law was published in the Belgian State Gazette that made some amendments to the Employment Contracts Act and the Work Regulations Act in order to also correctly frame the new holiday rules in terms of employment law.

Ordinarily, when an employee falls ill during their annual leave, all the normal rules on suspension of the employment contract due to illness apply. These reportedly include the obligations towards the employer, the possibility for the employer to send a control doctor and the rules on guaranteed income.

However, Mondaq highlights the new Article 31/2 of the Employment Contracts Act which provides for some specific and additional obligations when the employee who falls ill during his/her holidays wants to exercise the right to retain leave days:

• The employee must immediately inform their employer of their residential address if they are not at their home address (i.e., even if they are abroad).

• The employee always provides the employer with a medical certificate. This certificate states at least the following:
• the incapacity for work;
• its probable duration;
• whether the employee is allowed to leave home.

If the employee wants to take their "lost leave days" straight after the period of incapacity for work, they must reportedly notify the employer when they provide the medical certificate. According to Mondaq, the holiday period is thus not automatically extended, but this is an option subject to the employer's agreement.

Employers must include in the work regulations the formalities that employees must comply with to report their incapacity for work during a period of annual leave. The work regulations can easily be amended by the employer, as it is reportedly foreseen that the strict procedure to amend the work regulations does not have to be followed.

Takeaway for employers

If an employee falls ill during a holiday period, there will be additional obligations on the employee's part. The employer is then obliged to include these additional obligations in the work regulations from January 1, 2024.

Source: Mondaq

In Belgium earlier this year, leave legislation was amended so that leave days of employees who fall ill during their statutory leave days are converted into sick days. Mondaq summarises the changes employers need to be aware of.

On July 31, 2023, a law was published in the Belgian State Gazette that made some amendments to the Employment Contracts Act and the Work Regulations Act in order to also correctly frame the new holiday rules in terms of employment law.

Ordinarily, when an employee falls ill during their annual leave, all the normal rules on suspension of the employment contract due to illness apply. These reportedly include the obligations towards the employer, the possibility for the employer to send a control doctor and the rules on guaranteed income.

However, Mondaq highlights the new Article 31/2 of the Employment Contracts Act which provides for some specific and additional obligations when the employee who falls ill during his/her holidays wants to exercise the right to retain leave days:

• The employee must immediately inform their employer of their residential address if they are not at their home address (i.e., even if they are abroad).

• The employee always provides the employer with a medical certificate. This certificate states at least the following:
• the incapacity for work;
• its probable duration;
• whether the employee is allowed to leave home.

If the employee wants to take their "lost leave days" straight after the period of incapacity for work, they must reportedly notify the employer when they provide the medical certificate. According to Mondaq, the holiday period is thus not automatically extended, but this is an option subject to the employer's agreement.

Employers must include in the work regulations the formalities that employees must comply with to report their incapacity for work during a period of annual leave. The work regulations can easily be amended by the employer, as it is reportedly foreseen that the strict procedure to amend the work regulations does not have to be followed.

Takeaway for employers

If an employee falls ill during a holiday period, there will be additional obligations on the employee's part. The employer is then obliged to include these additional obligations in the work regulations from January 1, 2024.

Source: Mondaq