Leave and absences, Business Centrum Ghent
Leave and absences.
Every type of leave.
Correctly recorded.
From the 20 statutory holiday days to palliative leave: in Belgium, every type of leave has its own rules, funding and timing. An error costs you wages, fines or a lawsuit.
What nobody knows about Belgian holiday
The holiday days your employee takes this year are calculated on the basis of work done in the previous calendar year.
An employee who joined on 1 April last year does not have 20 but only about 15 holiday days this year. That difference appears on their pay slip. They can take the missing days as supplementary holiday: you pay them and deduct them from their double holiday pay the following year.
Legal basis: Annual Holiday Acts and Royal Decree of 30 March 1967
Articles 3 and 60 of the Royal Decree of 30 March 1967 stipulate that holiday entitlement is calculated on the basis of services in the previous calendar year (the holiday service year). Starting on 1 January gives entitlement to 20 days; starting on 1 July gives entitlement to 10 days in the following year.
Example: employee started 1 April 2024
The distinction no foreign system knows
Holiday pay is not paid by you. The NSSO collects the holiday contributions via your quarterly declaration; a holiday fund (ONVA or a sectoral fund) pays the worker directly. You pay via NSSO but do not process the holiday pay yourself.
You pay holiday pay yourself. There is no holiday fund. You pay out the holiday pay when the employee takes their main holiday (or upon leaving). It is entirely on your payroll costs.
Overview
All leave types under Belgian employment law
Each type has its own legal basis, funding and deadlines. The table shows what applies to a full-time employee, unless otherwise stated.
| Leave type | Days / duration | Who pays | Conditions |
|---|---|---|---|
| Statutory annual leave | 20 days (full-time) | Employer (white-collar) / Holiday fund (blue-collar) | Calculated on services in previous calendar year |
| Short leave | Varies by reason | Employer (wage continued) | Specific life events (marriage, bereavement...) |
| Illness – guaranteed wage | 30 days | Employer | First 30 days of incapacity for white-collar worker |
| Birth leave | 20 working days | Employer days 1-3, health fund 82% days 4-20 | To be taken within 4 months of birth |
| Parental leave | 4 months per parent | RVA/NEO (monthly allowance) | Per parent, splittable, subject to seniority |
| Time credit 1/5 | Up to 51 months (care motive) / 36 months (training) | RVA/NEO (interruption allowance) | Sector-dependent, employer can refuse in limited cases |
| Time credit 1/2 | Up to 51 months (care motive) / 36 months (training) | RVA/NEO (higher allowance than 1/5) | Same rules as 1/5, greater wage impact |
| Thematic leave (carer) | 6 months full-time, 12 months half-time or 30 months 1/5 | RVA/NEO | Recognised carer of a person in need of care |
| Palliative leave | 1 month, extendable twice (max. 3 months) | RVA/NEO | Terminal patient in close environment |
| Force majeure (compelling reason) | Max. 10 working days per year | Unpaid, unless CBA or agreement | Sudden, unforeseen, insurmountable circumstance |
| Public holidays | 10 statutory public holidays | Employer | If a holiday falls on a Sunday or a non-working day, you grant a replacement day |
Sectoral collective agreements may differ
The table above shows the legal minimum. Your joint committee may provide broader rights for birth leave, short leave or time credit. Business Centrum checks this for your sector.
Short leave
The forgotten obligation that can take you to court
Short leave is not a favour, not a day off, not goodwill. It is a statutory right enshrined in the Employment Contracts Act 1978. You are obliged to grant it and to continue paying the salary. No proof is required in all cases, but the reason must be genuine.
What if you refuse or withhold wages?
The employee can sue you before the labour tribunal. You will still pay the wage, plus statutory interest (4.5% in 2026). In some sectors a lump-sum damages award is also added. A wage claim is time-barred 5 years after the facts, but no later than 1 year after the employment contract ends.
Wage theft is wage theft
Withholding short leave pay is legally equated with non-payment of wages. That is a level 3 offence under the Social Criminal Code (art. 162): a criminal or administrative fine, multiplied by the number of employees concerned.
Statutory reason and required days
Marriage of the employee
Or more via sectoral CBA
Death of partner or child
3 days up to the funeral, 7 within the year
Death of parent or parent-in-law
Also step-parent; more possible via CBA
Death of sibling, grandparent or grandchild
2 days if living with the employee, otherwise 1 day (the funeral)
Birth of a child
Birth leave; employer pays days 1-3, health fund 82% from day 4
Solemn communion or secular youth ceremony of child
For the parent concerned
25th or 50th wedding anniversary
Only if your sectoral CBA or work rules provide for it
Jury, witness in court or appearance before the labour court
Proof of summons required
Sectoral collective agreements may provide more days. Always consult the CBA of your joint committee.
Leave is a right, not a favour. We ensure your administration is always correct.
Sick leave
The first 30 days are largely at the employer's expense
Guaranteed wages (art. 52–71 Employment Contracts Act). You continue to pay the normal wage. After that, the health insurance fund takes over. But the cut-off is not as simple as day 30.
Exceptions to the 30-day rule
Relapse within 8 weeks
From 1 January 2026, a relapse period of 8 weeks applies (previously 14 days). Does the employee fall ill again within 8 weeks of resuming work for the same illness? Then there is no new guaranteed wage. It counts as a continuation of the first period.
Part-timer: pro-rata calculation
The guaranteed wage is proportional to the work regime. A half-time white-collar worker earning €1,800 gross receives €1,800 guaranteed wage on sick leave, not the full-time equivalent.
Work accident
Different rules. Here too you continue the wage for the first 30 days (blue-collar: 7 days of guaranteed wage, then an advance), but the work accident insurer reimburses you the daily allowances. After that the insurer pays directly; you must be insured with a recognised insurer.
Obligations in case of long-term illness
Within 2 or 4 weeks
The employee sends the certificate to the health fund: within 14 calendar days (blue-collar) or 28 calendar days (white-collar). You receive no mandatory notification; the employee handles this themselves.
After 4 and 8 weeks
Report every incapacity of 4 weeks or more to the occupational physician. After 8 weeks, ask your prevention service for an assessment of the work potential; from 20 employees this is required for incapacities since 1 January 2026. Since 2026 your work regulations must include a procedure for keeping in touch with sick employees.
After 6 months
With 20 or more employees and work potential, you start a reintegration programme no later than 6 months after the incapacity began (Royal Decree 17 December 2025). You, the employee and the occupational physician jointly determine a plan. Without a programme you risk a sanction.
Time credit
Your employee has a right. You can postpone; refusing is only possible up to 10 employees.
Time credit is laid down in CBA no. 103. It is not a favour; it is a subjective right the employee can enforce. As an employer you can only postpone: if more than 5% of the staff take time credit at the same time (under a priority rule), or for serious internal or external reasons (in principle no more than 6 months). In a company with 10 or fewer employees, time credit is not a right and your agreement is required.
Warning: respond on time, preferably in writing
You respond by the last day of the month following the request; a postponement must be notified within the month after the notification. No form is imposed, but a written answer avoids disputes. In case of disagreement, the complaints procedure runs through the union delegation or the joint committee.
Reduction
Working 1 day less per week. The employee works 4 out of 5 days. RVA/NEO pays a monthly interruption allowance (since 1 September 2026, €141 to €241 net depending on household situation).
Duration: up to 51 months (care) or 36 months (training). Sectoral restrictions possible.
Reduction
Working half-time. The employee works 2.5 days per week. RVA/NEO pays a higher allowance (since 1 September 2026, approx. €215 to €274 net). Greater impact on your staffing planning.
Duration: up to 51 months (care) or 36 months (training). Same sectoral rules as 1/5.
Career break
The employee fully suspends their work (full-time time credit with a motive). You cannot refuse, except in a company with 10 or fewer employees; postponement is possible for serious internal or external reasons.
Duration: variable. RVA/NEO pays an allowance if career requirements are met.
Our approach
How we manage your leave administration daily
Leave management is not project work. It is ongoing. We log every notification, check the legal basis and process everything in the payroll calculation without you knowing or needing to know.
Frequently asked questions
FAQ
Leave legislation is complex. Below are the questions we most frequently receive from Ghent employers.
Ask your question→Legal sources of leave law
Employment Contracts Act 3 July 1978 (art. 27-71: guaranteed wages, short leave) | Act of 4 January 1974 (public holidays) | Royal Decree 30 March 1967 (annual holidays) | CBA no. 103 (time credit) | Royal Decree 17 December 2025 (reintegration programme long-term sick)
Additional services
Read next
- Can employer refuse holiday Belgium? What you may and may not do for each type of leave
- Guaranteed salary in Belgium during sickness: what you pay for blue-collar and white-collar staff
- Sick note for the employer in Belgium: what can you ask for in 2026?
- Short leave for family events Belgium: how many paid days to grant and how to count them
- Time credit in Belgium: what an employer can refuse, postpone and must do
- Can employer refuse parental leave Belgium? What you may refuse, postpone and must do
Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .
- Belgium.be, vaderschapsverlof en geboorteverlof voor meeouders
- FOD WASO, bedragen van de administratieve geldboeten
- FOD WASO, contact houden met arbeidsongeschikte werknemers
- FOD WASO, feestdagen
- FOD WASO, inschatting van het arbeidspotentieel
- FOD WASO, lijst klein verlet
- FOD WASO, palliatief verlof
- FOD WASO, re-integratie van arbeidsongeschikte werknemers (KB 17 december 2025)
- FOD WASO, schorsing wegens ziekte en ongeval (gewaarborgd loon, herval)
- FOD WASO, tijdskrediet met motief
- FOD WASO, tijdskrediet: uitoefeningsvoorwaarden
- FOD WASO, verlenging en flexibilisering van het mantelzorgverlof vanaf 1 juli 2026
- FOD WASO, verlof om dwingende redenen (cao nr. 45)
- Justel, art. 15 wet 3 juli 1978 arbeidsovereenkomsten
- Justel, KB van 28 augustus 1963, art. 2, V (gewijzigd bij wet van 27 juni 2021)
- Justel, KB van 30 maart 1967 (jaarlijkse vakantie)
- Justel, Sociaal Strafwetboek art. 162
- RIZIV, aangifte en erkenning arbeidsongeschiktheid
- RIZIV, de arbeidsongeschiktheidsuitkering
- RJV, Berekening vakantiedagen
- RJV, berekening vakantiegeld
- RSZ, administratieve instructies 2026/3, de bijdragen
- RSZ, Administratieve instructies 2026/3, solidariteitsbijdrage langdurig zieken
- RSZ, administratieve instructies 2026/3, vakantiegeld
- RVA, aanvraagprocedure van het tijdskrediet
- RVA, bedragen tijdskrediet privesector (vanaf 1/9/2026)
- RVA, ouderschapsverlof
Leave and absence fully under control
From holiday balances to reintegration programmes: we track every leave type, process it correctly in the pay slip and ensure you are never caught off-guard during an inspection.
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