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ARTICLE · 10 JUNE 2024

Employment Protections Extended To Infertility Treatment

A recent legislative amendment in Belgium introduces protection against dismissal and a prohibition of discrimination...

BelgiumEmployment and HR

A recent legislative amendment in Belgium introduces protection against dismissal and a prohibition of discrimination when an employee is absent due to an infertility treatment or a programme of medically assisted reproduction.

The amendment introduces a prohibition of dismissal for reasons related to an employee's absence due to an infertility treatment or a programme of medically assisted reproduction. The penalty for violating the prohibition is a lump-sum protection indemnity of six months' gross salary. This protection against dismissal applies for two months starting from when the employer is informed of the absence through a medical certificate. In addition, the amendment adds ‘absence due to infertility treatment or a programme of medically assisted reproduction' as a prohibited ground for discrimination under Belgium's gender discrimination legislation, which provides for compensation of six months' gross salary for violations. 

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