On 16 March 2023, a Royal Decree was published in the Belgian Official Gazette which amends the Royal Decree of 30 March 1967 on the implementing provisions of annual leave. The changes are aimed at ensuring that the Belgian rules are in line with the EU Working Time Directive and the case law of the European Court of Justice. The Royal Decree will apply to holidays taken during 2024 for the first time.
Currently, if an employee becomes ill during their holidays, the employment contract is suspended due to annual leave and not due to illness, as the first suspension prevails. This means that the employee “loses” their holidays, which is not in compliance with the Working Time Directive. The Directive requires that an employee can enjoy at least four weeks of annual leave, and if the employee is sick, they are not able to rest and enjoy their free time. If an employee falls ill before their holiday, there is no problem because the employment contract is suspended due to illness, and holidays can be taken at a later time. Furthermore, employees cannot transfer days of paid leave to the next calendar year, and any untaken leave days are paid out at the end of the year.
