1. What is the scope of maternity protection in Belgium?
Maternity protection applies to private sector workers, contract and statutory workers in the public sector, and teaching staff. Specific provisions may apply to staff in the public and education sectors.
2. How should a pregnant employee inform her employer in Belgium?
It is advisable for the pregnant employee to inform the employer with a medical certificate via registered letter or by handing it over directly with an acknowledgment of receipt. The certificate must be provided no later than seven weeks before the expected delivery date.
3. What is the right to prenatal leave in Belgium?
A pregnant employee is entitled to six weeks of prenatal leave, five of which are optional, and one is mandatory. For multiple pregnancies, prenatal leave consists of eight weeks (seven optional weeks and one mandatory week).
4. How is postnatal leave structured in Belgium?
Postnatal leave includes a mandatory nine-week period starting from the day of childbirth. If there is any unused prenatal leave, it can be carried over to the postnatal leave, up to a maximum of five weeks (seven weeks for multiple births).
5. Can postnatal leave be extended in Belgium?
Yes, postnatal leave can be extended by unused prenatal leave. Additionally, if the newborn is hospitalized after the first seven days, the postnatal leave may be extended for the duration of the hospitalization, up to a maximum of 24 weeks.
6. How is maternity leave affected in the event of a stillbirth in Belgium?
In the event of a stillbirth, maternity leave is granted provided the pregnancy lasted a minimum of 180 days from conception.
7. Can maternity leave be converted into leave for the father or co-parent in Belgium?
Yes, unused maternity leave can be converted into leave for the father or co-parent, particularly in cases of hospitalization or the mother's death. This leave is paid through the worker's health insurance provider.
8. What are breastfeeding breaks in Belgium?
Breastfeeding breaks are granted to a female employee for up to nine months after childbirth. The breaks can last up to half an hour per day, and employees are entitled to one break for workdays over four hours, or two breaks for workdays over seven and a half hours.
9. How is maternity leave protection against dismissal applied in Belgium?
A pregnant employee is protected from dismissal from the moment the employer is informed of the pregnancy until one month after the end of maternity leave. If the employer dismisses the employee during this period without valid grounds, the employer must pay a lump-sum amount equal to six months' gross salary.
10. What protection does an employee have against non-renewal of a temporary contract due to pregnancy in Belgium?
A pregnant or postpartum employee on a temporary contract is protected from the non-renewal of their contract due to pregnancy or childbirth. The employer must prove that the non-renewal is unrelated to the pregnancy, or they will be required to pay a lump sum of three months' gross remuneration.
11. What are the conditions for converting maternity leave into leave for the father in Belgium?
In case of the mother's hospitalization or death, the remaining portion of maternity leave can be converted into leave for the father or co-parent. This leave is subject to a written notification to the employer and payment through the worker’s health insurance provider.
12. How is the protection against dismissal applied to an employee who takes converted maternity leave in Belgium?
An employee who takes converted maternity leave is protected against dismissal from the moment the leave begins until one month after it ends. The employer must provide written justification for any dismissal during this period.
13. What happens when a worker takes breastfeeding breaks in Belgium?
When a worker takes breastfeeding breaks, she is protected from dismissal for one month after the last break. If the employer dismisses her during this period without valid grounds, they must pay a lump-sum compensation of six months' gross salary.
14. How are maternity leave benefits calculated in Belgium?
Maternity benefits are fully covered by health insurance providers (mutual insurance) during maternity leave. The employer is not required to pay salary during maternity leave, but the employee receives maternity benefits through their health insurance provider.
