Maternity leave

Principle

A female employee who is to give birth is entitled to a maternity leave of 15 weeks. In case of multiple births, the leave is normally extended to 17 weeks but may last up to 19 weeks. The leave taken before childbirth is called "prenatal leave". The holiday which begins on the day of the childbirth is called "post-natal leave". Under no circumstances the pregnant worker may work within the period of 7 days preceding the expected date of childbirth and during the 9 weeks starting on the day of the delivery. The remaining weeks can be taken before or after childbirth.

The female employee must notify her employer of her condition as soon as she knows it. In effect, this allows her to benefit from several legal rights described below.

Prenatal leave (during pregnancy)

The prenatal leave can start, at the earliest, as from the 6th week before the expected date of childbirth. The worker herself decides when this optional leave starts.

She must give to her employer a medical certificate stating the starting date of this optional leave at least 7 weeks (or 8 weeks for multiple births) before the expected date of childbirth. If the worker gives birth after the expected date, the prenatal leave is extended until the actual date of delivery.

If the worker gives birth before the expected date, the seven days (preceding the expected date of childbirth during which she shouldn’t be working) is lost and cannot be taken afterwards.

She is also to send to her health care insurance a compensation request together with a medical certificate stating the expected date of childbirth.

Post-natal Leave (after childbirth)

Duration

The female worker is to inform her employer about her condition. In this way, she can benefit from several legal rights described below.

Possible extensions

The postnatal leave can be extended in some cases:

- The mother’s request

The leave may be extended for a period which is equal to the period during which the female employee continued to work as from the sixth week preceding the actual date of delivery.

In addition to her request, the leave after the 9th week is extended by one week (2 weeks in case of multiple birth) when the employee is unable to work due to illness or accident throughout the period from the 6th week preceding the actual date of delivery (or the 8th week when a multiple birth is planned) until the childbirth.

- Premature birth

The number of days during the period of seven days preceding the childbirth is to be deduced when the female employee worked. These untaken prenatal leave days can be assimilated to the postnatal leave.

- Hospitalised baby

When the baby cannot leave the hospital after the 7 days following his/her birth, the post-natal leave is extended for a period that is equal to the days of hospitalization after these 7 days. The maximum duration of this extension is 24 weeks.

Example :

The baby stayed in the hospital for 28 uninterrupted days as from his birthday. The mother can request an extension of her post-natal leave of 21 days (28 days minus 7 days).

In order to benefit from this extension, the employee is to submit to her employer:

-    (by the end of the post-natal leave) a hospital certification stating that the newborn stayed in the hospital after the 7 days following his birthday and the duration of his hospitalisation.

-    (by the end of extension) a new hospital certification stating that the new-born hasn’t left the hospital yet and the duration of his hospitalisation.

The extension of the post-natal leave is to be taken immediately after the mandatory post-natal leave of 9 weeks.

La prolongation du congé postnatal doit se prendre immédiatement après le congé postnatal obligatoire de 9 semaines.

Royal Decree dated April 14th, 2009 (Moniteur Belge dated April 21st, 2009)

Since April 1st 2009, the female worker you can return to work in a more flexible way, by asking her employer to convert a 2-week maternity rest (untaken during prenatal leave) in days of postnatal leave. This is to be taken at a pace determined by her, within 8 weeks following the uninterrupted period of maternity leave. These days will be compensated in the same way as the maternity leave.

In order to do this, the employee must notify her employer about:

- her decision to convert the last 2 weeks of her postnatal leave in postnatal holidays not later than 4 weeks before her postnatal leave;

- the planning of her “postnatal holidays”.

Financial compensation

An allowance is paid by the health care insurance during all the length of prenatal and postnatal holidays.

During the 30 civil days of holidays, this allowance is equal to 82% of the gross income (called non plafonné): € 124,06 per day for a 6 days work a week and € 148,81 per day for a 5 days work a week.

As from the 31st day, this allowance is equal to 75% of the gross income and does not exceed 3.077,53 € per month.

Protection against redundancy

Once the employer is informed about the pregnancy, a special protection against redundancy is applicable. As from this moment, the employer cannot end the employment contract due to the pregnancy. But, he can do so for reasons that have nothing to do with the physical condition resulting from the pregnancy or the childbirth. This protection is applicable until 1 month after the postnatal leave.

Warning: if the postnatal leave is extended, the period of one month of protection against redundancy shall not take effect until the end of the extended leave.