What is the process for Sick Leaves in Belgium?

In Belgium, employees are entitled to sick leave in the event of illness or injury. This guide explains the key requirements for sick leave, including employee obligations, the process for notifying the employer, and the employer's responsibilities regarding remuneration.


Employee Obligations for Sick Leave

  1. Reporting Illness to the Employer
    Employees must immediately notify their employer if they are unable to work due to illness or injury, unless there is a case of force majeure (e.g., extreme unforeseen circumstances). This notification should be done as soon as possible and must include the reason for their absence and the expected duration, if known.

  2. Providing a Medical Certificate
    Employees are required to provide a medical certificate to their employer within two working days from the day of incapacity. This certificate must confirm the illness or injury and the estimated period the employee will be unable to work.


Employer's Responsibilities: Guaranteed Remuneration

  1. Guaranteed Remuneration
    In Belgium, employees are entitled to guaranteed remuneration (sick pay) from their employer during sick leave. However, there are conditions for this entitlement:

    • The employee must have at least one month of seniority with the employer to be eligible for guaranteed sick pay.
    • The employer is required to pay this sick pay for up to 30 days from the first day of incapacity. After 30 days, the responsibility for paying sick leave may shift to Belgium’s social security system.

  2. Amount of Sick Pay
    The amount of guaranteed remuneration is typically based on the employee's regular salary, though it may vary depending on the terms of the employment contract or collective bargaining agreements.


What Happens After 30 Days of Sick Leave?

After the first 30 days of sick leave, employees may continue to receive compensation, but it will be provided through Belgium’s social security system rather than by the employer. The social security office will typically cover a portion of the employee's salary, although the amount may be less than the employer's guaranteed remuneration.


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