Leave for palliative care

Principle

The article 100bis of the Recovery Act of January 22nd, 1985 provides the right to interrupt a career to assist a person in palliative care. A worker is entitled to full or partial suspension of his employment contract in case of palliative care given to a person. The person to whom assistance is given should not necessarily be a relative or parents of the worker! The worker must prove that he will provide this care.

Palliative care is defined as any form of medical, social, administrative and psychological assistance as well as care for people suffering from an incurable disease and being terminally ill.

The types of leave (suspension or reduction of working hours)

Whether you work full or part-time, you can suspend the execution of your employment contract during 1 month per child in the framework of the leave for palliative care. This period may be extended for a month.

If you are employed full-time you can reduce your work to part-time or work a fifth-time. If you work part-time, for at least ¾ of the time, you can reduce your hours to the half of a full-time job. The possibility to partially interrupt your work can last a month per child. This period may be extended for a month.

Prior notice to your employer

You must provide a medical certificate from your child’s doctor to your employer so as to prove the kid requires care. You agree to provide such care without communicating the child's identity.

If you wish to extend your leave for one month, you must provide such proofs again. You can put up to 2 medical certificates for palliative care for the same child.

The leave begins on the first day of the week following that in which the medical certificate of the attending physician has been given to the employer or in a shorter deadline if you have an amicable agreement with your employer.

Refusal of the employer or postponement of leave

Provided that all conditions are met, the execution of the leave for palliative care can neither be refused nor delayed by the employer

Financial compensation

During the leave for palliative care, you are entitled to an allowance for work interruption. In order to benefit from it, you must apply to the ONEM (Office National de l’Emploi – National Employment Office) through the form C 61-FS, which is to be previously completed by your employer and yourself. A copy of the medical certificate delivered by the physician treating the child is to be attached and the documents are to be sent by registered mail, preferably to your regional unemployment office.

You must complete this procedure within a deadline of two months, starting on the day following the day on which the leave for palliative care starts.

These amounts are applicable since 01/05/2011.

Protection against redundancy

Your employer can not make you redundant during the leave period except for a serious or sufficient cause which is unrelated to the leave request (e.g. for economic reasons or because of the quality of your work).

This protection starts on the day of the written request and ends three months after the career break.