List of short-term absenteeism

  • The marriage of the worker: 2 days of the worker's choice, during the week in which the event takes place or during the following week.
  • The marriage of a child of the worker or their spouse; of a brother, sister, brother-in-law, sister-in-law of the worker; of the worker's father, mother, father-in-law, mother-in-law; or of a grandchild of the worker: the day of the marriage.
  • The ordination or the entry into a monastery of a child of the worker or their spouse, or of a brother, sister, brother-in-law or sister-in-law of the worker: the day of the ceremony.
  • The death of the worker's spouse or cohabiting partner; of a child of the worker or their spouse or cohabiting partner: 10 days of which 3 of the worker's choice during the period that starts with the day of death and ends with the day of the funeral and 7 days of the worker's choice within the year after the day of death. It is possible to derogate from the two time frames during which the leave has to be taken up. It can be done at the worker's request with the employer's consent.
  • The death of the worker's, their spouse's or their cohabiting partner's father, mother, father-in-law, stepfather, mother-in-law, stepmother: 3 days of the worker's choice during the period that starts with the day of death and ends with the day of the funeral. It is possible to derogate from the time frame during which the leave has to be taken up. It can be done at the worker's request with the employer's consent.
  • The death of a brother, sister, sister-in-law, brother-in-law, grandfather, grandmother, grandchild, great-grandfather, great-grandmother, great-grandchild, son-in-law or daughter-in-law of the worker, their spouse or their cohabiting partner, who's living with the worker: 2 days of the worker's choice during the period that starts with the day of death and ends with the day of the funeral. It is possible to derogate from this time frame at the worker's request with the employer's consent.
  • The death of a brother, sister, sister-in-law, brother-in-law, grandfather, grandmother, grandchild, great-grandfather, great-grandmother, great-grandchild, son-in-law or daughter-in-law of the worker, their spouse or their cohabiting partner, who's not living with the worker: 1 day of the worker's choice that has to be taken up the day of the funeral. It is possible to derogate from this time frame at the worker's request with the employer's consent.
  • The death of the worker's, their spouse's or their cohabiting partner's foster child in the context of short-term foster care at the time of death: 1 day of the worker's choice that has to be taken up the day of the funeral. It is possible to derogate from this time frame at the worker's request with the employer's consent.

"Short-term foster care" means all types of foster care that do not meet the conditions for long-term foster care.

  • The Solemn Communion of a child of the worker or their spouse: the day of the ceremony (if this day falls on a Sunday, a public holiday or a regular inactivity day: the regular activity day immediately before or after the event).
  • The "fête de la jeunesse laïque"/”feest van de vrijzinnige jeugd” (Humanist Coming-of-Age Ceremony) of a child of the worker or their spouse: the day of the ceremony (if this day falls on a Sunday, a public holiday or a regular inactivity day: the regular activity day, immediately before or after the event).
  • The stay in a recruitment and selection centre of the worker who is subject to military service or their stay in a military hospital as a result of their stay in a recruitment and selection centre: the time that is needed with a maximum of 3 days.
  • The stay of the worker who is a conscientious objector at an administrative health service or their stay in one of the care facilities that have been designated by the King in accordance with the legislation on the status of conscientious objectors: the time that is needed with a maximum of 3 days.
  • Participation in a jury, summoning as a witness before the court or personal appearance upon demand by the labour court: the time that is needed with a maximum of 5 days.
  • Execution of the office of presiding officer in a main polling station or any polling station for parliamentary, provincial and municipal elections: the time that is needed. 
  • Execution of the office of presiding officer in one of the main polling stations for European parliament elections: the time that is needed, with a maximum of 5 days.  
  • Performance of one's duties as assessor in one of the main polling stations for parliamentary, provincial and municipal elections: the time that is needed, with a maximum of 5 days.

Comments

  • The Royal Decree of 28 August 1963 applies to all workers with employment contracts, both in the private and public sectors, excluding staff employed with employment contracts within the federal administrative public service.
  • the Royal Decree of 28 August 1963 equates the legal cohabitant with the spouse. With regard to short-term absenteeism in case of death, a broader equation applies: both the legally cohabiting partner and the de facto cohabiting partner are equated with the spouse. 
  • If the worker is incapacitated for work due to illness or accident of common law right after short-term absenteeism due to the death of the spouse, of the cohabiting partner, of a child of the worker, or of a child of the spouse or of the cohabiting partner, this will in certain cases be charged to the legal guaranteed pay period for incapacity for work.  The way this is charged is laid down in articles 52, §6 (manual workers), 70, subsection 2 (regular employees), 71, subsection 2 (employees carrying out precarious work) and 112, subsection 3 (domestic workers) of the law of 3 July 1978 on employment contracts.

This means that the legal guaranteed pay period due to incapacity for work (14 or 30 days depending on the worker's status) will be reduced by the number of days of additional bereavement leave (max. 7 days) that are taken up directly after the first, second or third day of bereavement leave, in case the worker concerned falls ill during the additional bereavement leave. The first day of the additional bereavement leave that is taken up directly after the first, second or third bereavement leave day is laid down in article 2, subsection 5 of the Royal Decree of 28 August 1963. This will only affect the bereavement leave days that are laid down in the abovementioned provision of the Royal Decree in question. Consequently, the additional days of bereavement leave granted on the basis of a conventional scheme, such as a collective labour agreement, are not taken into account.

  • The Royal Decree of 28 August 1963 considers the family ties with the foster child in long-term foster care to be the same as the family ties with the (own) child. This means that the foster child is equated with the child, the foster mother with the mother, the foster father with the father, etc.

    "Long-term foster care" means foster care for which it is clear from the outset that the child will stay in the same foster family or with the same foster parent(s) for at least six months. This is attested to by the competent foster care services within the three communities.

    When the event (which is not the death of the foster child, foster mother/father, foster mother-in-law/father-in-law or foster stepmother/stepfather) occurs after the end of long-term foster care, an additional condition applies that the foster child must have been part of the foster family in a permanent and affectionate manner for an uninterrupted period of three years.

Examples

  • A worker (regular employee) takes up 3 days of bereavement leave after the death of their spouse. Directly after the third bereavement leave day, they take up 5 consecutive days of additional bereavement leave (on the basis of article 2, subsection 5 of the Royal Decree of 28 August 1963). Directly after that (the next regular workday), the worker falls ill for 30 days => 5 days will be deducted from the legal guaranteed pay period => 30 days - 5 days => the legal guaranteed pay period is reduced by 5 days and amounts to 25 days => as from the 26th illness day, the worker is no longer entitled to guaranteed pay, but they will receive benefits from the assurance maladie-invalidité (AMI - health and disability insurance).
  • A worker (regular employee) takes up 3 days of bereavement leave after the death of their spouse. Directly after the third bereavement leave day, they take up 5 consecutive days of additional bereavement leave (on the basis of article 2, subsection 5 of the Royal Decree of 28 August 1963). Directly after that (the next regular workday), the worker falls ill for 7 days => 5 days will be deducted from the legal guaranteed pay period => 30 days - 5 days => the legal guaranteed pay period is reduced to 25 days => no impact since the work incapacity period is only 7 days.