Recover Lost Sick Leave Days: New Legislation for Workers’ Benefit

2023-07-13 17:57:00

The Chamber approved Thursday in plenary session, and unanimously, a bill which aims to allow the recovery of days of leave lost due to illness. The measure will come into force on January 1, 2024.

The European Court of Justice ruled in 2012 that a worker who fell ill during his leave might recover it later. Belgium had not yet complied with this case law, which meant that these leave days were somehow lost. At the end of last year, the social partners agreed on an opinion which aims to solve this problem. The Council of Ministers then validated a draft bill carried by the Minister of Labor Pierre-Yves Dermagne.

Concretely, the days of illness which occur during the holidays can no longer be counted as annual leave. The same applies to any accident that may occur during the worker’s annual vacation.

A worker who falls ill or is the victim of an accident must quickly contact his employer, give him a medical certificate and, if he is not at home, notify him of his place of residence. However, vacations will not be automatically extended. The recovery of lost days may take place later.

The worker will keep the right to the guaranteed salary for the days of incapacity for work which coincide with the holidays.

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