Employees

Which are the possibilities for workers of the private sector ?

The hospitalisation of a child is an experience which can be hard to deal with and puts the worker in a situation which he has become, physically and/or morally, incapable of execute his employment contract.

Given that the employer may be unwilling to make the decision to make the worker redundant because of the costs involved, the employee has several options. He can either to break or temporarily suspend his employment contract.

The topic relating to employees will address these options, listed below, their terms and their consequences (in particular from a financial point of view).

Breach of employment contract

• Resignation

• Employment contract breach (mutual agreement, force majeure)

Employment contract suspension

• Leave for medical assistance (or the provision of care to a household member or a seriously ill family member- Royal Decree of August 10th, 1998)

• Leave for palliative care (article 100 bis of the Act's remedial January 22, 1985)

• Leave for a pressing reason (article 30 bis of the Act of July 3rd, 1978 on employment contracts)

• Crédit temps – employment contract break (collective labour agreement n°77 bis of December 19th, 2001)

• Parental leave (as part of a career break, Royal Decree - October 29th, 1997 - parental leave under the collective labour agreement n°64, April 29th, 1997)

• Maternity leave (articles 39 and following of the labour Act of March 16th, 1971)

• Nursing leave

• Paternity leave (petit chômage - conversion of part of the postnatal leave in paternity leave in case of hospitalization or death of the mother - Royal Decree of November 4th, 1963 in execution of the Act of August 9th, 1963 establishing and organizing a compulsory health care insurance and compensation)

• Unpaid Leave