Chapter 5 — Short-term and long-term care leave · Work and Care Act (WAZO)

Section 1

Short-term care leave

5:1 Article 5:1

The employee is entitled to leave for necessary care in connection with the illness of a person as referred to in the second paragraph.

5:2 Article 5:2

The leave amounts to a maximum of twice the working hours per week in every period of 12 consecutive months. The 12-month period commences on the…

5:3 Article 5:3

The employee shall notify the employer in advance that they are taking the leave referred to in Article 5:1, stating the reason. If this is not…

5:4 Article 5:4

The leave shall commence at the time at which the employee notifies the employer of the taking thereof.

5:5 Article 5:5

The employer may subsequently require the employee to demonstrate that he did not perform his work in connection with the necessary care for a person…

5:6 Article 5:6

Insofar as the wages do not exceed the amount referred to in Article 17, paragraph 1, of the Financing of Social Insurance Act (Wet financiering…

5:7 Article 5:7

If the employee is entitled to a monetary benefit pursuant to any statutory insurance or by virtue of any insurance or from any fund in which…

5:8 Article 5:8

If both the conditions set out in Article 4:1 and those set out in Article 5:1 are met, the leave referred to in Article 4:1 shall terminate after…

Section 2

Long-term care leave

5:9 Article 5:9

The employee is entitled to leave without retention of salary for:

5:10 Article 5:10

The leave amounts to a maximum of six times the working hours per week in each period of twelve consecutive months. The period of twelve months…

5:11 Article 5:11

The employee shall submit the request for leave in writing to the employer at least two weeks prior to the intended commencement date of the leave…

5:12 Article 5:12

The leave referred to in Article 5:9 shall not commence until at least two weeks have elapsed after the employee has submitted the petition for leave…

5:13 Article 5:13

The leave ends upon the expiration of the duration for which the leave has been granted.

5:14 Article 5:14

If the petition for long-term care leave is granted, the short-term care leave referred to in Article 5:1 preceding it may, at the request of the…

Section 3

Further provisions

5:15 Article 5:15

Days or parts of days on which the employee does not perform his work due to the leave referred to in Article 5:1 or Article 5:9 cannot be designated…

5:16 Article 5:16

Derogation from the provisions of this Chapter to the detriment of the employee is permitted only by collective labour agreement or by a regulation…