Claeys & Engels | View firm profile
A Royal Decree of 26 January 2023 has modified certain rules relating to interruption allowances that are granted in the context of time credit, thematic leave or career break schemes. The new rules came into force, for the most part, on 1 February 2023 and apply to applications submitted to the employer as of that date.
The Royal Decree of 26 January 2023, amending various Royal Decrees on time credit, thematic leave and career breaks (R.D. 31 January 2023), first of all puts an end to the increased break allowances that were granted to employees on full-time or half-time time credit and to employees of autonomous public enterprises benefiting from a full-time or half-time break who had at least 5 years’ seniority with their employer. The increased interruption allowances that were granted to employees over 50 years of age who interrupt their career on a half-time, 1/5th or 1/10th basis within the framework of a thematic leave are also abrogated. These changes apply to applications submitted to the employer as of 1 February 2023.
Secondly, the conditions for the granting of interruption allowances in the context of a time-credit for childcare are now stricter:
- Employees who take a time-credit for this reason on a full-time basis will only receive allowances if their child is 5 years old at most, instead of 8 years old previously. The age limit remains at 8 years in case of 1/5th or half-time time credit. This change applies to time credit applications submitted to the employer as of 1 February 2023;
- The allowances granted in the context of a time credit, for this reason, on a full-time, 1/5th and half-time basis, are now limited to a maximum period of 48 months, instead of 51 months previously.
This modification applies to time credit applications submitted to the employer as of 1 February 2023, as well as to time credits that started before 1 February 2023, provided that, as of 1 February 2023, the employee has taken less than 30 months of time credit for the care of his/her child until the age of 8. Consequently, the Royal Decree provides that these employees have the right to reduce the period of time credit requested from the employer up to the number of months for which they will no longer be entitled to the interruption allowances. The employer cannot refuse this early termination.
- As of 1 June 2023, the employee will have to demonstrate at least 36 months of seniority within the company, instead of the current 24 months. This change will apply to time credit applications submitted to the employer as from this date. The Royal Decree also introduces an additional condition of occupation for the granting of interruption allowances in the context of a full-time and half-time time credit with reason (not the end-of-career time credit),:
- An employee taking a full-time time credit must have been employed full-time with the employer during the 12 months preceding the written notification to the employer, or part-time during the 24 months preceding the written notification to the employer;
- An employee who takes a time credit on a half-time basis must have been employed full time with the employer during the 12 months preceding the written notification to the employer.
This occupancy requirement applies to time credit applications submitted to the employer on or after 1 February 2023.
Newsflash, 13 February 2023