Five Questions and Answers About the Work-Life Balance Directive and Caregiving Leave

The law of October 7, 2022, introduced the right to care leave in Belgium, in accordance with the European Work-Life Balance Directive. Today, nearly one year later, it is therefore the perfect time to take a closer look at some key aspects of caregiving leave.

On June 20, 2019, the European Parliament and the Council signed the so-called Work-Life Balance Directive (2019/1158). The directive was adopted in response to concerns that many working parents who take on caregiving responsibilities continue to struggle to find a balance between their work and personal lives. According to the European legislature, inadequate leave provisions can make it difficult for many employees to balance work and family life. Therefore, the directive establishes a number of minimum requirements for new and existing leave schemes, including parental leave, paternity leave, and care leave. This should make it easier for parents—as well as informal caregivers—to better balance work and family life. The provisions of the Work-Life Balance Directive regarding care leave were transposed into Belgian law by an act dated October 7, 2022. The rules took effect on November 10, 2022.

The European legislature anticipates an increase in care needs as a result of the aging population. Through care leave, the European legislature aims to provide men and women with more opportunities to remain in the workforce while caring for family members who need care.

• An employee may take up to five days of care leave per calendar year. It is possible to take care leave in a single consecutive period of five days, but this is not required. It is also possible to take five separate days of care leave.
• Care leave must serve a specific purpose. Care leave may only be taken for the purpose of providing personal care or support to a family member who has a serious medical need for significant care or support. The Belgian legislature interprets the terms “care” and “support” broadly. This includes any form of social, familial, or emotional assistance or care.
• Caregiving leave may only be taken to care for a “family member” or a “relative.” These terms are not interpreted broadly by the law. The law defines a “family member” as any person with whom the employee lives.
• By “family member,” the law refers not only to the employee’s spouse or legally recognized cohabiting partner but also to the employee’s parents and children.

Each employee must notify their employer in writing of their desire to take care leave. In addition, the employee must also provide their employer with a medical certificate from the family member’s treating physician. This certificate must confirm that the employee’s family member has a serious medical need for substantial care or support.

Employees who take care leave are protected against dismissal. In principle, this protection against dismissal begins on the day the employee notifies the employer of their intention to take care leave and ends no later than the day the employee actually begins taking care leave. Protection against dismissal ends one month after the start of the care leave. Please note: An employer may still terminate an employee for reasons unrelated to the employee’s decision to take caregiving leave. It is crucial to strictly comply with all conditions and formalities. If it turns out that the employer has not complied with the duration or conditions of the care leave, the employer may face a penalty. The employer also risks a penalty if care leave is unjustifiably denied, even though the employee meets the conditions. Therefore, be aware of the rules that apply to this special leave system, both in terms of its application and in terms of the protection against dismissal that employees enjoy. Do you have questions about the rules regarding care leave, or other questions about the implementation of the employment contract? Our specialists are here to help.