If you, as an employee in Belgium, are confronted with unforeseen personal challenges, such as the illness of a family member or serious material damage, there is good news. In principle, employers can grant you unpaid leave for these urgent and necessary interventions. This offers flexibility and the ability to act quickly within set limits.
In short, what is leave for compelling reasons?
Regardless of events that entitle you to short-term absenteeism (synonym: minor absenteeism), an employer can in principle grant unpaid leave to an employee who requests it for urgent and necessary intervention in a social or family problem.
Who is eligible?
All persons hired under an employment contract (employees, workers, representatives, servants, etc.) are eligible.
What is the definition of “compelling reason”?
A "compelling reason" includes any unforeseen event that is independent of the work and which requires the employee to intervene urgently and necessary, insofar as the performance of the employment contract makes this impossible.
The events below qualify for this:
Illness, accident or hospitalization of a family member under the same roof or in the 1st degree;
Serious material damage to the employee's property due to, for example, fire or natural disaster;
Summons to appear in court if the employee is a party to a lawsuit.
The list is not all-inclusive. Based on an agreement between employee and employer, a sectoral collective labor agreement or a company collective labor agreement, other situations can also be considered compelling reasons (for example: an unannounced closure of a daycare or school).
How often can I use this leave?
The employee may remain absent as long as necessary to resolve the problem, up to a maximum of 10 days per calendar year, unless otherwise provided in a sectoral or company collective labor agreement. For part-time employees, this period is reduced in proportion to the working hours worked.
I am taking leave for compelling reasons. What about my salary?
The leave is unpaid, so you will not receive any wages for these days. The days do count towards the calculation of any end-of-year bonus, but not towards annual holiday leave.
Do I have to notify my employer?
An employee who is absent from work for urgent reasons must inform his employer in a timely manner. If this is not possible, he must do this as soon as possible. The leave must be used for the intended purposes and the employee must be able to demonstrate the urgent reason at the employer's request.
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