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Belgium - Maternity protection - 2011


LAST UPDATE

17 September 2012
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SOURCES


Name of Act

Royal Decree of 21 January 2002, rendering compulsory Collective Agreement N° 80 dated 27 November 2001 Concerning the Establishment of Nursing Breaks, Moniteur Belge N° 43, 12 February 2002, p.4567

Name of Act

Decree aimed to fight against certain forms of discrimination, Décret visant à lutter contre certaines formes de discrimination, dated 19 March 2012.

Name of Act

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Name of Act

Royal Decree concerning Maternity Protection, dated 2 May 1995, Moniteur Belge N° 98, 18 May 1995, p. 13569, as amended up to Royal Decree on the Worker´s Health Surveillance, of 28 May 2003.

Name of Act

Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career, dated 29 October 1997, Moniteur Belge N° 213, 7 November 1997, p. 29930, as amended up to 1 June 2012.

Name of Act

Act concerning Contracts of Employment, dated 3 July 1978, Moniteur Belge N° 160, 22 August 1978, as amended up to 22 November 2011.
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Name of Act

Act concerning Compulsory Sickness and Indemnity Insurance Scheme, dated 14 July 1994, Moniteur Belge N° 170, 27 August 1994, p. 21524, as amended up to 28 June 2012.

Name of Act

Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme, dated 3 July 1996, Moniteur Belge N° 147, 31 July 1996, p. 20286, as amended up to 6 April 2012.

Name of Act

Royal Decree of 5 December 2010, rendering Compulsory Collective Agreement N° 80 bis dated 13 October 2010 concerning the modification of the Collective Agreement N° 80 of 27 November 2001 on the Establishment of Nursing Breaks.

Name of Act

Royal Decree of 17 October 1994, concerning the transformation of maternity leave in paternity leave in case of death or hospitalization of the mother. Moniteur Belge 9 November 1994, p. 27747. 

Name of Act

Act of 10 May 2007, aimed to fight against certain forms of discrimination, as amended to 2009. Loi du 10 mai 2007 tendant à lutter contre certaines formes de discrimination (BS 30 V 07) (modifiée par la loi du 30 décembre 2009 portant des dispositions diverse, art. 107-119, MB. 31.12.2009).

Other source used

The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

MATERNITY LEAVE


Scope

The Labour Act shall apply to persons who provide labour services under the authority of other person.

Furthermore the Labour Act, including the provisions on maternity protection, shall apply to all workers and employers in Belgium with the following exceptions;
- The provisions regarding working time and rests shall not apply to persons who work for the State, the provinces or other public enterprises and institutions in the public interest, unless they are aimed to commercial purposes or health care, nor to Fishing maritime workers or to persons performing work in a family undertaking, or who regularly work under the supervision of their parents or supervisor.
- The provisions regarding working time and rests, with the exception of the enjoyment of the weekly rest day, shall not apply to Domestic workers, Advisory and Direction positions designated by the King, and sales representatives.
- The provisions related to the enjoyment of the weekly rest day shall not apply to workers employed in maritime transport or to workers employed in schools.
Labour Act Art.1,3

Qualifying conditions

The woman must submit to her employer a medical certificate indicating the expected date of birth, not later than seven weeks before the due date (nine weeks in the case of multiple birth).
Labour Act Art.39

Duration


Compulsory leave

Employment is prohibited during the seven days before the expected date of birth and the nine weeks following it.
Labour Act Art.39

General total duration

The duration of the maternity leave shall comprise the six weeks before (eight in the case of multiple birth) and nine weeks after the expected date of birth.

If the birth occurs after the expected date, the leave is extended to the actual date of the birth. Under certain conditions new mothers have the option of converting the last two weeks of maternity leave to rest days that they can take intermittently during the eight week period after they return to work.

However, in the case of a premature birth, postnatal leave is reduced by the number of days worked within the period of seven days before the date of birth (i.e. the seven days before the birth are forfeited if the woman has not be able to take any of these days because of a premature birth, and her maternity leave may not be longer than 15 weeks).

Maternity leave is taken in one continuous period. However, if the newborn child has to remain in the hospital for more than eight weeks after birth, maternity leave may be interrupted until the child leaves the hospital to enter the household.
Labour Act Art.39
Historical data (year indicates year of data collection)
  • 2009: Six weeks before (eight in the case of multiple birth) and nine weeks after the expected date of birth. If the birth occurs after the expected date, the leave is extended to the actual date of the birth. Under certain conditions new mothers have the option of converting the last two weeks of maternity leave to rest days that they can take intermittently during the eight week period after they return to work. However, in the case of a premature birth, postnatal leave is reduced by the number of days worked within the period of seven days before the date of birth (i.e. the seven days before the birth are forfeited if the woman has not be able to take any of these days because of a premature birth, and her maternity leave may not be longer than 15 weeks). Maternity leave is taken in one continuous period. However, if the newborn child has to remain in the hospital for more than eight weeks after birth, maternity leave may be interrupted until the child leaves the hospital to enter the household.
  • 2004: Fifteen weeks
  • 1998: Fifteen weeks
  • 1994: Fifteen weeks

RELATED TYPES OF LEAVE


Parental leave


Scope

Workers may interrupt their career if they wish to spend more time in the care of their child or child´s education. In this case, parental leave provisions may apply to male and female workers employed in the public and private sector and persons working under the authority of another person.

The entitlement to this leave shall be established upon the birth of a child (or the time when the child is registered as a member of the family in the municipality of residence of the parent worker).

To this respect, the right to parental leave shall lapse when the child reaches the age of 12 years old. In case of adoption or physical or mental incapacity of the child, the right shall lapse when the child reaches the age of 21 years old.

Each parent shall have an independent right to parental leave, which shall not be transferable.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Arts.1, 2, 3
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Qualifying conditions

In order to be entitled to enjoy parental leave, the worker shall have performed at least twelve months of employment by the same employer within the fifteen months preceding the written notification of the employee of the intended date of leave.

The employee shall notify her/his employer of the intention to take parental leave from 2 to 3 months before the expected date of leave. This period can be reduced in agreement with the employer. Parental leave suspends the execution of the contract of employment.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art.4, 5, 6

Length

The employee is entitled to a 4 month period of leave and can decide to choose between three options or even to change from one option to another until the 4 month limit is reached;
1. The employee may opt to take the 4 month period continuously.
2. The employee, if he/she works full-time, can reduce her/his working time by 1/2 for 8 months (or can split the 8 month period of half-time work into several periods of no less than two months each).
3. The employee may reduce her/his working time by 1/5 for 20 months (or to split the 20 months of 1/5ths working time into several periods of no less than 5 months each).
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art.2

Paternity leave


Scope

The entitlement to paternity leave shall apply to all workers in the private sector, and to workers in public sector who are not under statutory relationship.
Act concerning Contracts of Employment Art.1

Qualifying conditions

The employer must be given notice as soon as possible before the commencement of leave.
Act concerning Contracts of Employment Art.30(2)

Length

Every worker shall be entitled to absent from work for 10 days, chosen at his best convenience, within the 4 months after the date of the birth of a child of whom the worker has been legally recognized as the father. The three first days are full paid by the employer and the other seven days are paid by the compulsory sickness and disability insurance scheme in the amount of 82% of his gross salary.

In case of death or hospitalisation of the mother, the legislation provides that the father may take the remainder unused period of maternity leave in order to ensure the care of the child.
Act concerning Contracts of Employment Art.30(2)
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.221
Royal Decree of 17 October 1994 Art.2,3
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Adoption leave


Scope

The entitlement to adoption leave shall apply to all workers in the private sector, and to workers in public sector who are not under statutory relationship.
Act concerning Contracts of Employment Art.1

Qualifying conditions

The employee who wishes to enjoy the adoption leave shall inform in written to his/her employer at least 1 month before the leave is due to commence.
Act concerning Contracts of Employment Art.30ter

Length

The lenght of the adoption leave varies depending on the age of the child. If the child is younger than three years old the worker may enjoy up to 6 weeks of uninterrupted leave, and if the child is above the age of 3 years old the worker may enjoy a maximum of 4 weeks leave.
If the child is disabled the period of adoption leave shall be doubled.
Act concerning Contracts of Employment Art.30 ter

RIGHT TO PART-TIME WORK


Length

The employee is entitled to a 3 month period of leave and can decide to choose between three options or even to change from one option to another until the 3 month limit is reached;
1. The employee may opt to take the 3 month period continuously.
2. The employee, if he/she works full-time, can reduce her/his working time by 1/2 for 6 months (or can split the 6 month period of half-time work into several periods of no less than two months each).
3. The employee may reduce her/his working time by 1/5 for 15 months (or to split the 15 months of 4/5ths working time into several periods of no less than 5 months each).
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art.2

CASH BENEFITS


Maternity leave benefits


Scope

All workers who are compulsory insured under the sickness and indemnity scheme: Workers (including contractual employees in the public service), persons who are incapacitated for work, and registered unemployed workers.
Act concerning Compulsory Sickness and Indemnity Insurance Scheme Arts. 86-112

Qualifying conditions

Persons covered should have been insured and have paid contributions for 120 days of work or days assimilated to work (i.e. annual leave, unemployment, incapacity for work) within the 6 months preceding the acquisition of the right to indemnity.
Act concerning Compulsory Sickness and Indemnity Insurance Scheme Art.128
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.230

Amount

Maternity benefits shall be paid to the worker during the period of maternity leave, namely, 15 weeks and any extensions thereof in case of multiple birth (17 or 19 weeks).

The worker who is employed at the moment of her pregnancy, shall enjoy 79,5% of her gross salary (no ceiling) for the first 30 days, and 75%, up to a ceiling for the remaining period.

For the unemployed women, 60% of the gross salary prior to being unemployed, up to a ceiling, and a complementary indemnity of 19,5% for the first 30 days and of 15%, for the remaining period.
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.114-115, 216-217
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
Historical data (year indicates year of data collection)
  • 2009: Cash benefits cover the period of maternity leave, namely, 15 weeks and any extensions thereof. For the employed women 82% of gross salary (no ceiling) for the first 30 days, and 75%, up to a ceiling for the remaining period. For the unemployed women, 60% of the gross salary prior to being unemployed, up to a ceiling, and a complementary indemnity of 19,5% for the first 30 days and of 15%, for the remaining period.
  • 2004: Eighty-two percent for thirty days and then seventy-five percent (up to a ceiling)
  • 1998: Eighty-two percent for thirty days and then seventy-five percent (up to a ceiling)
  • 1994: Eighty-two percent for thirty days and then seventy-five percent (up to a ceiling)

Financing of benefits

Social security (compulsory sickness and indemnity insurance scheme)
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.216-219
Historical data (year indicates year of data collection)
  • 2009: Social security (compulsory sickness and indemnity insurance scheme)
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits


Scope

The provisions of parental leave, including the enjoyment of benefits, may apply to male and female workers employed in the public and private sector and persons working under the authority of another person.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art.1

Amount

Workers who interrupt their career receive a flat rate benefit of 679,59 euro per month for a full-time career break.
The enjoyment of cash benefits for the 4th month applies to workers who have had a child or have adopted a child from the 8 of March 2012.

The flat rate amounts to 313,25 euro per month (for workers under 50 years old) or to 531,35 per month (for workers over 50 years old) for a working time reduced by 1/2.
The flat rate amounts to 106,28 euro per month and 142,91 euro per month for single workers (for workers under 50 years old) or to 212,54 euro per month (for workers over 50 years old) for a working time reduced by a 1/5.
The employee is entitled to a proportional amount to his/her working hours in case of part-time jobs.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art. 10 (AR 6)
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Financing of benefits

Interruption allowance is financed by the social security (unemployment scheme).
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art. 10 (AR 19)
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Paternity leave benefits


Scope

All workers who are compulsorily insured under the sickness and indemnity scheme: Workers (including contractual employees in the public service), persons who are incapacitated for work, and registered unemployed workers.
Act concerning Compulsory Sickness and Indemnity Insurance Scheme Art.86-112
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.223bis
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Amount

Every worker irrespective of the type of work; whether in full or part time basis, shall be entitled to enjoy 10 days of paternity benefits.

To this respect, for the first three days, the worker shall be entitled to the 100% of remuneration paid by the employer. The remaining seven days are paid by the sickness and indemnity insurance scheme at 82% of the preceding average remuneration. In case of postnatal leave taken by the father due to the death or hospitalisation of the mother, 60% of the preceding average remuneration is granted by social security.
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Arts. 221, 222, 223 bis
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Financing of benefits

The three first days are paid by the employer and the remaining seven, by the social security.
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.223 bis

Adoption leave benefits


Scope

All workers who are compulsorily insured under the sickness and indemnity scheme: Workers (including contractual employees in the public service), persons who are incapacitated for work, and registered unemployed workers.
Act concerning Compulsory Sickness and Indemnity Insurance Scheme Arts.86-112
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Arts.223bis
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Amount

For the first three days, the worker shall be entitled to the 100% of remuneration paid by the employer. The remaining days of the adoption leave are paid by the sickness and indemnity insurance scheme at 82% of the preceding average remuneration.
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.223 ter
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
http://inami.fgov.be/citizen/fr/allowances/amounts/last/allowances01.htm
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Financing of benefits

With respect of the financing of adoption benefits, 3 days are paid by the employer and the remaining days by the social security.
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.223 ter
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
http://inami.fgov.be/citizen/fr/allowances/amounts/last/allowances01.htm

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Nursing women have the right to one or two half an hour nursing breaks depending on her working hours.
If the woman works a minimum of 4 hours a day she has the right to one break. If she works at least 7 1/2 hours a day she can take two nursing breaks. Women covered have the right to nursing breaks during the nine months after the birth of the child.
Royal Decree Rendering compulsory Collective Agreement N° 80 Arts.5, 6
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Remuneration of nursing breaks

During nursing breaks the execution of the contract of employment is suspended and unpaid by the employer. However, 82% of the gross remuneration is paid by the sick and indemnity insurance scheme
Royal Decree Rendering compulsory Collective Agreement N° 80 Art.3
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.223 quater
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Nursing facilities

The employer must provide the necessary places and commodities for nursing women workers at the undertaking.
Royal Decree Rendering compulsory Collective Agreement N° 80 Art.4(2)

HEALTH PROTECTION


Arrangement of working time


Night work

Night work (work between 20:00 and 6:00) is prohibited for pregnant women during the eight weeks before the expected date of birth, and on the basis of a medical certificate, at any other period during the pregnancy or for a period up to four weeks immediately after the end of maternity leave.
Labour Act Art.43

Overtime

Overtime (i.e. work in excess of 9 hours a day or 40 hours a week, or less, as provided for in collective agreements which have been rendered compulsory) is prohibited for pregnant workers.
Labour Act Art.44

Time off for medical examinations

Pregnant employees shall be entitled to leave of absence with pay for prenatal medical examinations when such examinations cannot be reasonably take place outside working hours. The employee shall inform her employer before her absence in order to keep her remuneration.
Labour Act Art.39bis

Dangerous or unhealthy work


Risk assessment

In order to establish the necessary measures to protect an employee, the employer, in collaboration with an occupational health physician and the public service of security and hygiene, must assess the nature, degree and duration of risk factors arising from conditions of work and their incidence in pregnant or nursing women workers.
Labour Act Art.41
Royal Decree concerning Maternity Protection Art.4

» Adaptation of conditions of work

If the safety and health of the woman worker is considered in danger according to a special assessment, her employer shall make the necessary arrangements to ensure the woman’s safety by temporarily changing her working conditions and/or working hours.
Labour Act Art.42

» Transfer to another post

If the adaptation of working conditions is not possible for technical reasons or other valid reasons, the woman’s employer shall entrust her with other tasks. If the woman cannot be transferred to other duties, the execution of her contract of employment is suspended.
Labour Act Art.42

» Right to return

The woman worker must be reinstated in her previous job under the same conditions as before as soon as the reason for the prohibition , the reduction of hours of work or the transfer to other duties has ended.
Labour Act Art.42

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Pregnant women during the last three months of pregnancy and nursing mothers during the ninth and tenth week following birth are prohibited from handling loads. They are also prohibited from manual ground and underground work and excavation.
Royal Decree concerning Maternity Protection § N2

» Work involving exposure to biological, chemical or physical agents

Pregnant women and nursing mothers may not be exposed to chemical agents such as lead and mercury and to biological hazards such as certain bacteria and viruses. They may not work in jobs in which they might be exposed to ionising radiations.
Royal Decree concerning Maternity Protection § N2

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Pregnant women may not be exposed to temperatures higher than 30° C.
Royal Decree concerning Maternity Protection § N2

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

A difference of treatment based on pregnancy, maternity or confinement is considered as a discrimination, which can never be justified. Maternity protection standards are not considered as a discrimination but a condition to achieve equality between men and women.

Every person must be assured of equality of treatment in all provisions and practices relating to the conditions of admision to, the selection of persons for, or the selection criteria employed in connection with any job or duty or form of self-employment, irrespective of the sector, activity or grade. More particularly, it is unlawful to refer to the worker’s sex in the conditions of admission to, the selection of persons for or the selection criteria employed in connection with any job or duty, irrespective of the sector or activity, or to use elements in such conditions or criteria which, even in the absence of an explicit reference to the worker’s sex, result in any form of discrimination.

It is prohibited to refuse or impede access to employment or promotion on explicit or implicit grounds based directly or indirectly on the worker’s sex. A contract of employment containing clauses of termination of the employment relation due to the pregnancy of the employee shall be null and void.
Decree aimed to fight against certain forms of discrimination
Act concerning Contracts of Employment Art.36
Act of 10 May 2007

Protection from discriminatory dismissal

The employer of a pregnant woman may not terminate the employment relationship from the date on which he or she is informed of the pregnancy until the end of the month following postnatal leave, except for reasons unconnected with the physical state resulting from pregnancy or confinement.
Labour Act Art.40

Burden of proof

The burden of proof lies with the employer. A woman worker is entitled to a lump-sum compensation equal to six months of gross remuneration if reasons for dismissal do not meet the above-mentioned conditions or no reasons have been alleged, without prejudice to the damages which may be payable to the woman as a consequence of the breach of a contract of employment.

When the person who considers himself a victim of discrimination invokes before the competent court the facts that can assume the existence of a direct or indirect discrimination, it is incumbent on the defendant to prove that no discrimination has occurred.
Labour Act Art.40
Decree aimed to fight against certain forms of discrimination Art.25(1)

Guaranteed right to return to work

A contract of employment is suspended during the period a woman is on maternity leave. She remains in the service of the employer and her absence on maternity leave counts as full service. At the end of parental leave, the worker shall be reinstalled in his/her previous job or in an equivalent or similar job according to the worker’s contract of employment
Act concerning Contracts of Employment Art.28
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career § 8CCT

Results generated on: 29th March 2024 at 10:53:48.
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