A Guide to Maternity and Paternity Leave in Belgium

Navigating the parental leave system in Belgium can be complex, but understanding the rights and procedures is crucial for both employees and employers. This blog will walk you through maternity and paternity leave in Belgium, covering the duration, required documentation, and the financial aspects involved. Knowing the specifics helps ensure compliance with Belgian labour laws while supporting employees during a significant life event.

Maternity leave in Belgium

Maternity leave is a vital aspect of employee benefits in Belgium, aimed at safeguarding the health of the mother and child, while allowing the mother time to recover and bond with her newborn.

Length of maternity leave

In Belgium, employees are entitled to 15 weeks of maternity leave, divided into two parts:

• Prenatal leave (up to 6 weeks before birth): Expectant mothers can take up to 6 weeks of leave before their due date. Of this, 1 week is mandatory, while the remaining 5 weeks are optional. This flexibility allows mothers to continue working if they prefer or to take more time to prepare for childbirth.
• Postnatal leave (9 weeks after birth): The 9 weeks following the birth are compulsory, allowing the mother to recover physically and emotionally, while also giving her time to bond with her child.

If the mother chooses not to take all the optional prenatal leave, she can add up to 5 weeks to her postnatal leave, giving her more time after the birth to focus on recovery and her newborn.

Requesting maternity leave

The process for requesting maternity leave in Belgium requires careful attention to documentation:

• Medical certificate: The mother must provide her employer with a medical certificate confirming her pregnancy and the expected due date. This document is needed to justify her leave request.
• Written notice to employer: The employee must send a written notice to her employer, outlining the dates of her maternity leave. This can be done through email or formal letter. It’s important to give this notice in a timely manner to ensure proper documentation and coverage by social security.

Salary during maternity leave

Salary during maternity leave in Belgium is determined by both the social security system and the employee’s specific employment contract. For the initial 30 days of maternity leave, the employee is entitled to 82% of her gross salary, which is covered by social security.

After this period, social security continues to pay 75% of the gross salary, but this amount is capped at a certain limit. This arrangement provides essential financial protection, ensuring that employees are not burdened with significant financial stress during their maternity leave.

Paternity leave in Belgium

Paternity leave in Belgium acknowledges the essential role of fathers in early childcare and offers fathers the opportunity to be present during the initial days of their child’s life.

Length of paternity leave

Belgian law grants fathers 15 days of paternity leave, which must be taken within 4 months following the birth of the child. These days can be taken consecutively or spread out over several periods, providing flexibility to adapt the leave to family needs.

Requesting paternity leave

The procedure for requesting paternity leave in Belgium is straightforward:

• Notification to employer: The father must inform his employer of the expected paternity leave in advance. This can be done verbally or in writing.
• Documentation: After the birth, the father is required to provide a copy of the birth certificate to the employer to confirm the birth and validate the leave request.

Salary during paternity leave

During the first 3 days of paternity leave, the father is entitled to 100% of his salary, paid by the employer. For the remaining 12 days, the father receives an allowance from social security, which covers 82% of his gross salary, up to a capped amount. This ensures that fathers can take time off to support their family without significant financial loss.

Parental leave in Belgium

In addition to maternity and paternity leave, Belgium offers parental leave, allowing both mothers and fathers additional time off to care for their child during the first 12 years of the child’s life. Parental leave can be taken in several forms:

• Full-time leave for 4 months.
• Half-time leave for 8 months.
• Part-time leave of 1 day a week for 20 months.

The leave is unpaid but employees are eligible for a government allowance to help offset the loss of income.

Understanding maternity and paternity leave in Belgium

Understanding the legal requirements and documentation for maternity and paternity leave in Belgium is crucial for creating a supportive workplace. Employers should ensure they follow the proper procedures to maintain compliance, while employees should be aware of their rights to make the most of these benefits. By adhering to Belgian labour laws, companies can create a positive, family-friendly environment.

If you have any questions about maternity or paternity leave in Belgium, or need guidance on other employment regulations, don’t hesitate to reach out for expert advice.