If an employee falls sick during a notice period you gave as employer, the notice stops running while he is ill. In Belgium the end date moves back by the number of sick days. You pay guaranteed salary as normal for the first 30 days. If the employee resigned himself, his notice keeps running during the sickness.
Sick during the notice period: who gave notice?
The Employment Contracts Act draws a sharp line. Everything depends on who gave notice.
| Notice given by the employer | Notice given by the employee | |
|---|---|---|
| Does notice run during sickness? | No, it stops | Yes, it keeps running |
| End date | Moves back by the sick days | Stays the same |
| Guaranteed salary | Yes, under the usual rules | Yes, until the end date |
| Sickness started before the notice | Notice only starts after recovery | Notice runs from the normal start |
This also applies if the employee was already ill when you gave notice. The notice is valid, but only starts counting once he has recovered. There is no maximum: with a year-long sickness, the notice is on hold for a year.
If an employee resigns, sickness does not change the end date. His notice is at most 13 weeks and ends on the planned day, even if he spends the last weeks ill at home. After the end date you pay no more salary, even if the sickness continues.
Worked example: falling ill during the notice period
A white-collar employee earns € 3,200 gross a month and has two years and five months' service. You give notice by registered letter posted on Monday 28 September 2026.
- The letter takes effect on the 3rd working day: Thursday 1 October.
- Notice starts on the Monday after the week of notification: Monday 5 October 2026.
- Notice is 12 weeks and would end on Sunday 27 December 2026.
- She is ill from Monday 9 November to Sunday 6 December inclusive: 28 calendar days.
- Notice stops for 26 days, from 9 November to Friday 4 December inclusive. According to the FPS Employment, inactivity days and Sundays at the start or end of a sickness do not count, so the notice already runs on the weekend of 5 and 6 December. The new end date becomes Friday 22 January 2027.
During those 28 days you pay her monthly salary as guaranteed salary, because the sickness stays within the first 30 days. From 7 December she works the rest of her notice.
If she falls ill again in January, within 8 weeks of the end of the first sickness, you pay no new guaranteed salary, unless a medical certificate shows it is a different illness. You only pay the balance: here, two days. After that the health insurance fund pays, and the notice stops again.
When is paying in lieu cheaper?
You can convert running notice into a payment in lieu for the remaining part at any time. The contract then ends immediately. If the sickness began after your notice, you may deduct from the remaining notice the period for which you paid guaranteed salary at the start of the sickness (Article 37/8, Employment Contracts Act).
Same example. You terminate on Monday 23 November 2026, after 14 days of sickness.
- Notice served before the sickness: 5 October to 8 November, so 5 weeks.
- Remaining notice: 12 minus 5 = 7 weeks, or 49 days.
- Minus 14 days of guaranteed salary paid: 35 days, so 5 weeks.
- Weekly pay: € 3,200 × 3 / 13 = € 738.46.
- Payment in lieu: 5 x € 738.46 = € 3,692.31 gross.
If you let the notice run, you still pay 7 weeks' salary after her recovery (€ 5,169.23), but you get work in return. Paying in lieu makes most sense if:
- the sickness looks set to last and the end date is therefore uncertain;
- you no longer need the employee or have already filled the role;
- you want to close the file, for example on a closure or a takeover.
If the employee was already ill before you gave notice, the deduction does not apply. You then pay for the full remaining notice.
Sick during the notice period: does it differ for white-collar and blue-collar staff?
The suspension of notice works the same way for blue-collar and white-collar staff (Article 38 of the Employment Contracts Act). The difference lies in the guaranteed salary.
| Days of sickness | White-collar (contract of at least 3 months) | Blue-collar |
|---|---|---|
| Day 1 to 7 | 100% of pay | 100% of pay |
| Day 8 to 14 | 100% | 85.88% |
| Day 15 to 30 | 100% | 25.88% up to the health insurance ceiling, plus 85.88% on the part above it |
After 30 days the health insurance fund takes over, for both statuses. The exact calculation in euros, day by day, is in our guide on guaranteed salary.
What changed in 2026?
Since 1 January 2026 new sickness rules apply, also during notice:
- Relapse: a new incapacity within 8 weeks of the end of the previous one does not open new guaranteed salary, unless it is a different illness. It used to be 14 days.
- Days without a certificate: an employee may stay off on the first sick day without a certificate 2 times a year, down from 3. Companies with fewer than 50 employees can opt out through a collective agreement or the work rules.
- Medical force majeure: possible after 6 months of sickness instead of 9. With notice that has been on hold for months, it can be an alternative.
Mistakes employers make
- Keeping the old end date. Taking the employee out of Dimona on the original date in effect ends the contract without the rest of the notice. You then owe a payment for the days still outstanding.
- Applying the suspension to the employee's own notice. His notice keeps running. A later end date keeps him employed longer than he wanted.
- Paying too much when terminating. Forgetting to deduct the guaranteed salary already paid from the remaining notice means paying part of it twice.
- Not doing the sums. Notice on hold for months costs admin and uncertainty. Work out the payment in lieu for the balance as soon as it is clear the sickness will be long.
What the employee must do
During notice too, the employee tells you straight away when he falls ill and provides a certificate within the deadline in your work rules, or otherwise within 2 working days. You may send a medical inspector. Employers sometimes doubt a sickness that starts just after a dismissal. Have it checked, see our blog on sending a medical inspector. The length of the notice itself is worked out in our guide on the employer's notice period.
Thinking of dismissing a sick employee? Read our blog on dismissing an employee on sick leave first.
What Business Centrum does for you
Business Centrum tracks notice periods in your payroll administration, together with Acerta. If sickness intervenes, we recalculate the end date, process the guaranteed salary and work out what paying in lieu would cost. We fill in the C4 with the correct period.