Paternity Leave

Circumstantial leave

As a father, you are entitled to 10 days off on the occasion of your childbirth. This holiday is to be taken in a period of 4 months as from the day of the childbirth, uninterruptedly or with working days in between. During the 3 first days off, the income is paid by the employer. The health insurance grants a compensation for the 7 following days (82% of the gross income).  

How to apply for a paternity leave?

In order to benefit from this compensation, a request is to be submitted to your health care insurance together with a birth certificate of your child. The health insurance gives back an information form to be completed by you and your employer and to be sent back by the end of the paternity leave.

In case of hospitalisation or in case of the mother’s death

Principle

The maternity leave can be converted into paternity leave. The untaken maternity leave can be taken by the working father in order to take the baby in charge.

Hospitalisation of the mother

The paternity leave can start:

-    as from the 7th day following the baby’s birth,

-    after the discharge of the newborn from the hospital,

-    only if the mother’s hospitalisation lasts for more than 7 days.

This leave ends by the moment the mother is discharged from the hospital. This leave doesn’t last longer than the leave that hasn’t been taken by the mother.

How to apply for this leave?

The employer is to be notified in writing before the leave begins. You specify the date of the leave and the expected duration of your absence. You deliver to your employer a medical certificate stating that the hospitalization of the mother is to last more than seven days.

Financial compensation?

You will receive a compensation of 60% of your last pay, whose amount will not exceed € 124.06 per day/6 days work a week and  € 148,81 per day/5 days work a week- amounts on May 1st, 2011) while the mother continues to benefit from her maternity allowance.

Mother’s death

In this case, the untaken maternity leave can be converted into paternity leave.

How to apply for this leave?

The employer is to be notified in writing within the seven days following the death of the mother. This will indicate the starting date of the leave and its estimated duration. In this particular case, you have to submit a request to your health care insurance together with a death certificate and a certificate issued by the hospital stating the newborn has left the hospital.

Financial compensation?

You will receive a compensation for each working and assimilated day. These amounts are based on your income at the same rate as the maternity compensation, taking into account the time already elapsed from the maternity leave.

Protection against redundancy

You can not be made redundant for reasons related to your paternity leave.

For a complete overview of all legal provisions, you can either:

-    download the brochure "Clés pour devenir parent tout en travaillant" under PDF format (published by the Federal Public Service of Employment, Labour and Social Dialogue),

-    call 02/233 42 14 to order it,

-    order it on their website www.emploi.belgique.be or

-    write to:

Cellule Publications du Service Public Fédéral Emploi, Travail et Concertation sociale

Rue Ernest Blerot, 1

1070 Brussels

Fax : 02/233 42 36

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