Rights of Cross-Border Caregivers in Belgium

Palliative care leave allows the employee to temporarily suspend or reduce their working time in order to provide care to a person in the terminal phase of an incurable disease. The assisted person does not need to be a family member. The care provided may include medical, social, administrative, or psychological assistance.

It should be noted that, for a cross-border employee, the reduction or suspension of the employment contract may give entitlement to benefits via the ONEM.

Duration and Conditions
The initial duration of the leave is one month per patient, with the possibility of two one-month extensions.
For part-time employees, the reduction of work can be up to 1/5 or half-time depending on the case.
The leave generally begins on the first day of the week following the submission of the medical certificate to the employer, unless a more favorable agreement is reached with your employer.
Each extension of the leave requires a new certificate, within the limit of three renewals for the same person.

Procedures
To benefit from palliative care leave, the employee must inform their employer in writing and attach the medical certificate confirming the necessity of care. If the leave is extended, the same procedure must be repeated with a new certificate.

When these conditions are met, the employer is obliged to accept the leave; they cannot refuse it or postpone its start.

Medical assistance leave allows a worker to completely suspend their contract or temporarily reduce their working hours in order to provide care to a seriously ill household or family member.

The worker may receive benefits from the ONEM during the leave.

Conditions
The beneficiary of the leave must live with the sick person or be responsible for their daily care. The person to be assisted can be:

• A relative up to the second degree,
• A relative-in-law up to the first degree,
• The employee’s child, or
• A child with whom the employee lives and whose upbringing they are responsible for, even without a family relationship.

Furthermore, the illness or medical intervention must be recognized as serious by a doctor and require social, family, or psychological assistance.

Duration and Conditions

• Full suspension of the employment contract: up to 12 months per patient (24 months for a minor child in the case of a single worker), in periods of 1 to 3 months.
• Reduction of working time (part-time): up to 24 months per patient (48 months for a single worker), in periods of 1 to 3 months, with the possibility to reduce to 1/5 or 1/2 of full-time.

Please note that exceptions exist for the unexpected hospitalization of a child, allowing for shorter periods (1 to 2 weeks).

Procedures
To benefit from medical assistance leave, the employee must, in principle, inform their employer in writing at least seven days before the start of the leave.

The request must be accompanied by a medical certificate confirming the seriousness of the illness and the necessity of assistance. In the case of an extension of the leave, the same procedure applies, and certificates must be provided again. The employer may postpone the leave by a few days for organizational reasons, but cannot oppose the leave when an exception applies, particularly for the hospitalization of a child.

Caregiver leave allows a private-sector employee to temporarily suspend their contract or reduce it in order to take care of a person in a situation of dependency. This person does not need to be a family member. The status of close caregiver must be recognized in accordance with the legal and administrative provisions in force.

The employee may receive benefits through the ONEM during the leave.

Duration and Conditions

• For the same beneficiary, the leave can last up to 3 months of full suspension per period, or up to 6 months of full-time reduction (equivalent to 3 months of full suspension).
• Over the employee’s entire career, the maximum is 6 months of full suspension or the equivalent in reduced working time.

Procedures
The employee must notify their employer in writing at least 7 days before the start of the leave, accompanied by proof of recognition as a close caregiver. The notification must specify the leave period and can only concern a single continuous period.

The employer cannot refuse or postpone the leave if all conditions are met.

You may benefit from an unpaid leave (unless otherwise agreed with the employer) of up to 10 days per year for compelling reasons. This leave can be taken, for example, in the event of illness, accident, or hospitalization of your child, a parent, your spouse, partner, or a parent living with you.

Note: this list is provided as an example and is not exhaustive.

You must inform your employer in advance or, if impossible, as soon as possible.