Understanding PTO Reports in Belgium
Starting a job in Belgium involves familiarizing yourself with various employment laws, including how Paid Time Off (PTO) works. This guide will help employees and employers understand PTO in Belgium, covering annual leave, extra-statutory leave, and how to manage and report leave.
How PTO is counted in Belgium
In Belgium, PTO is primarily split into two categories: statutory annual leave (wettelijke vakantie/jours de vacances légaux) and extra-statutory leave (extralegale vakantie/jours de vacances extralégaux). The calculation of these leaves depends on the employment contract and work history of the employee.
Annual leave (Wettelijke vakantie/Jours de vacances légaux)
In Belgium, employees are entitled to annual leave based on the number of days worked in the previous calendar year. This system is different from some countries where leave is accrued during the current year.
- Full-time employees: Typically entitled to 20 days of paid leave if they worked a full year (i.e., 5 days per week, 12 months).
- Part-time employees: PTO is pro-rated according to their working hours.
- New hires: If an employee did not work the full previous year, they may not be entitled to the full 20 days, but they can qualify for “European leave” (a supplementary type of leave).
Annual leave is taken in full or half days, and the timing of the leave is often determined in consultation with the employer, with certain peak vacation periods regulated by collective agreements or company policies.
Extra-statutory leave (Extralegale vakantie/Jours de vacances extralégaux)
Extra-statutory leave refers to additional days off provided through collective labour agreements or company policies. These may vary by sector, company, or contract. For example, some companies may offer extra days of leave beyond the statutory minimum, known as “seniority days” or “loyalty days.”
These extra days provide flexibility for both employees and employers and can be a key part of employee benefits packages in certain sectors or companies.
How many PTO days can an employee get?
- Annual leave: Full-time employees generally get 20 days of statutory leave for a full year of work. Part-time employees’ leave is calculated proportionally to their work schedule.
- Extra-statutory leave: There is no fixed number of extra-statutory leave days; this depends on the sector or company policy.
The reference period for PTO
Belgium’s PTO system works based on a preceding year calculation:
- Annual leave: The number of days of annual leave is based on the work performed in the previous calendar year (January 1st to December 31st). For example, the leave for 2024 will be calculated based on the work done in 2023.
- European leave: Employees who have not worked a full year may be eligible for European leave to compensate for the lack of statutory leave. This system helps new hires or those who change jobs mid-year access paid time off.
- Extra-statutory leave: These days do not follow a standard reference period. Instead, they are typically provided within the calendar year and must be used by December 31st.
How can employees take PTO?
In Belgium, the timing of PTO is typically negotiated between the employer and employee, and is often influenced by collective labour agreements or company-specific policies. For annual leave, employers may place restrictions on when employees can take their time off, particularly during busy or peak operational periods. Some sectors, such as construction, have specific regulations that dictate when leave can be taken.
On the other hand, extra-statutory leave offers employees more flexibility in deciding when to use these additional days, as long as they adhere to the internal rules set by their company.
How to report PTO to your employer?
Reporting and requesting PTO in Belgium involves several steps to ensure smooth communication between employee and employer:
- Check your employment contract or CBA: Review the collective bargaining agreement (CBA) or your employment contract for specific rules regarding PTO.
- Request in advance: Employees are typically required to submit leave requests ahead of time, particularly for longer periods. Timing is crucial during busy periods.
- Approval process: Employers must formally approve the leave, either via an internal HR system or by written confirmation. It’s important to ensure all requests are documented to avoid misunderstandings.
- Document your leave: Keep track of your leave, especially if you are using both statutory and extra-statutory days. Employers often provide an annual leave report showing remaining days.
- Coordination with business needs: Employers can deny leave requests if they conflict with business operations. Employees are encouraged to plan their leave in consultation with their team and employer to avoid disruptions.
Need help understanding PTO in Belgium?
Understanding how PTO works in Belgium is crucial for both employees and employers. The statutory annual leave is tied to the previous year’s work, and employees may also benefit from extra-statutory leave days. By following the legal framework and company policies, both parties can ensure smooth management of paid time off.
If you have any questions or need further clarification about PTO in Belgium, our HR consultants are here to help. Whether you are an employee looking to understand your entitlements or an employer seeking compliance assistance, we’re just a call or email away.
Contact us today, and one of our HR professionals will assist you with navigating the complexities of PTO and other HR matters in Belgium.
