If you are a new father or co-mother in Belgium, you are entitled to paternity leave, which gives you the opportunity to share the first precious moments with your newborn wonder.
In short, what is maternity leave?
Since January 1, 2023, fathers and co-mothers are entitled to a period of 20 days of paternity leave. These days must be taken within a period of 4 months, starting from the day of birth.
Who is eligible?
Every employee is entitled to paternity leave if the paternal relationship is legally established. If the descent from the father's side has not been legally established, maternity leave may also be granted to:
the co-mother;
the cohabiting partner of a couple whose parentage is not established.
How much paternity leave can I take?
Since January 1, 2023, you can take 20 days of paternity leave within 4 months after giving birth. You are not obliged to take these 20 days and you do not have to take these 20 days in one go. You can spread them according to your choice over a period of 4 months from the day of delivery. The day of delivery counts as the first day of that four-month period.
For information: in the case of multiple births, the number of days of absence is not increased because the short-term absence is not based on the number of children, but on the event, the birth itself.
What should I do as an employee?
The employee who wishes to make use of paternity leave must inform the employer in advance. This notification can be done verbally or in writing, but it is advisable to inform the employer in writing (for example by e-mail with confirmation of receipt or by handing over a document, the duplicate of which is signed by the employer upon receipt) to avoid evidentiary problems. . Prior notification means that the employee must inform his employer no later than before the start of his day job that he is taking maternity leave that day.
I'm taking paternity leave. What about my salary?
Your employer will pay your full salary for the first 3 days. You will receive a benefit from the health insurance fund for the remaining 17 days. This benefit amounts to 82% of your capped gross salary. You therefore have to contact your health insurance fund yourself to receive benefits. Most health insurance funds have standard forms for this.
Your employer will submit an electronic declaration to the health insurance funds to indicate on which days the employee took maternity leave.
Protective measures
As an employee, you enjoy dismissal protection during paternity leave. As an employer, you may not dismiss an employee because of this leave. This dismissal protection starts as soon as your employee notifies you of the leave and ends 5 months after birth. In the event of a breach of dismissal protection, you will pay compensation equal to three months' wages, in addition to the severance payment.
Since November 10, 2022, protection against non-renewal of a temporary employment contract also applies. If you, as an employer, are aware of the paternity leave and do not renew the existing fixed-term contract, it is assumed that the non-renewal is related to the maternity leave. The big difference is that the employee no longer has to prove that there is discrimination, but that you have to prove that it is not discrimination. If you cannot provide proper justification, you risk having to pay a lump sum compensation of the gross salary for three months.
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