ARTICLE · 20 JUNE 2023

Annual Leave - Sick During Leave? Leave Days Become Sick Days

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On 16 March 2023, a Royal Decree was published in the Belgian State Gazette aligning Belgian leave legislation with European Directive 2003/88/EC (the European Working Time Directive)...

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On 16 March 2023, a Royal Decree was published in the Belgian State Gazette aligning Belgian leave legislation with European Directive 2003/88/EC (the European Working Time Directive) and the case-law of the European Court of Justice. Employees are entitled to paid leave of at least four weeks annually. Under the new rules, the leave days of those who fall ill during the statutory leave days will be converted into sick days. In addition, the rules regarding the carryover of statutory leave days have been amended.

1. Leave work year and leave year

The Royal Decree does not amend the provisions on the leave work year and leave year. In Belgium, employees accumulate leave days during the leave work year, which they can then take in the following year (the leave year). In the 2023 leave work year, entitlements for annual leave in leave year 2024 are thus accumulated. The new rules, contained in the Royal Decree, will apply as of leave year 2024.

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