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ARTICLE · 26 APRIL 2024

New Protection For Employees Undergoing Infertility Treatment

ALTIUS
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On 18 April 2024, a new Act to better protect employees undergoing infertility treatment was published in the Belgian State Gazette.

BelgiumEmployment and HR
Esther Soetens
Esther Soetens
Alexandre Calain
Alexandre Calain
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On 18 April 2024, a new Act to better protect employees undergoing infertility treatment was published in the Belgian State Gazette. The new Act aims to protect these employees against (i) dismissal, and (ii) discrimination. It therefore updates two well-known Belgian employment law Acts: the Labour Act of 16 March 1971 and the Gender Act of 10 May 2007.
The new Act enters into force on 28 April 2024.

I. Modification of the Labour Act of 16 March 1971: a new protection against dismissal

A. The law up to now: a strict interpretation of "pregnancy"

Pregnant employees enjoy a specific protection against dismissal under Article 40 of the Labour Act of 16 March 1971. They are protected against dismissal by their employer from the moment the employer is informed of their pregnancy, except if the dismissal happens for reasons that are unrelated to the employee's pregnancy (such as reorganisation, behaviour issues, etc.).

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