Posted by Previously I have written about all the paid leaves in Belgium but did not mention anything about the sick leaves, as it is not something you can plan for. I got sick recently during a weekend and also planed for a two-week-long vacation the week after, it made me think about the sick leave system in Belgium, and indeed, it deserves a dedicated post to clear it out 🙂
According to research from Randstad, 26% of people in Belgium in the age group 20-65 years are inactive (not having a working income), furthermore, the inactive people (not capable to work) due to illness or disability is 6.4%, which is clearly higher than the European average 4.3%.
1. Guaranteed income for the first sick days
If you get an acute sickness such as a bad cold or flu, you can simply go to your family doctor to get a check-up. They will see if any specialized doctor needs to check further or not. Most probably, they recommend you to take 1-2 days of rest, and also a paper (In Dutch it is Ongeschiktheidsattest) is provided by the doctor to prove that you are indeed sick and not capable to work during the absence.
If you are an employee, can then simply apply for sick leave in the leave system of your company with the paper from the doctor attached.
Who is paying?
During your first days of absence of sick leave, your salary will not be reduced to 0% for the days of absence.
As an office worker (white-collar), you receive a guaranteed wage (100% of your normal salary) from your employer for the first 30 days of incapability of work.
As a field worker (blue-collar), you receive a guaranteed income from your employer for the first 7 days, afterwards, you receive a certain percentage of your wage from your employer with a supplement from your health insurance.
Of course, as sick employees, you also have obligations such as notify the employer in time, provide a medical certificate and allow a doctor to examine you.
2. Long term illness
After 30 days of absence of workdays due to sickness, you enter the long-term illness phase, in this case, you need to inform your health insurance (within 28 days of sickness for white-collar and 14 days or blue-collar). In this case, your employer no longer pays you the salary, but you are paid by the health insurance.
How much are you paid by the health insurance for long term illness?
During the period of primary incapacity for work (the first year), after the period of guaranteed wages, the employee receives a benefit from the health insurance fund. The benefit amounts to 60% of the capped gross salary.
The period of invalidity starts from the second year of incapacity. The employee continues to receive benefits from the health insurance fund:
65% of the capped gross salary for an employee who has at least one dependent person
55% for a single employee
40% for a cohabiting employee.
Disability insurance / Income protection insurance
If you’re off on extended sick leave, the replacement income provided by the health insurance might not be enough to maintain your current life quality. In this case, you should check with your employer’s benefits package, if you are provided with disability insurance, or income protection insurance. This extra insurance will top up your income according to your original salary.
3. Impact of sickness on your annual leave
Let’s discuss 2 interesting matters about the impact of your sick leave and your annual leave.
What if your sick leave overlaps with your annual leave?
Sick before annual vacation
If you get sick before your annual leave (even during the weekend), and continue during your planned vacation, as a result, you are not able to enjoy your vacation fully. Then you are entitled to replan your planned annual vacation and replace it with sick leave and enjoy the sick leave benefits (guaranteed income).
Sick during annual vacation
If however, during your annual vacation you got sick, regardless of the reasons, too bad, your vacation days still count and are just lost, in other words, you are not able to swap your annual leave to sick days.
If you continue to be sick even after the vacation, then of course, then your sick leave starts from the end of your planned annual leave.
Possible future changes
On 21 June 2012, the European Court of Justice (hereafter referred to as the ‘ECJ’) reaffirmed its earlier decision from 2009 whereby workers who fall ill during their annual leave are entitled to recover them by taking paid time off at a later date. Belgium is yet to comply with this social law, as it is a complex matter, which might result in high cost and potential abuse when employees take a vacation abroad and claim sickness.
Anyway, let’s wait and see!
Does sick leave impact your annual leave?
Yes, but only after 12 months.
If you are under long-term illness and return to work within 12 months (year 1), then your annual leave of year 2 is not impacted, the calculation still counts as if you worked fully in year 1. However, if you continue to be sick starting from year 2, then it will start to impact the annual leave of year 3. Your entitled annual leave is calculated in proportion to the months you worked in year 2 (20 days for a full year).
As mentioned previously, then you might consider applying for senior leave if eligible.
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I hope this article provides some useful information for you, I wish everyone leads a happy and healthy life! Please subscribe for more interesting content.
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Great content! Keep up the good work!