Unpaid Leave in Belgium: Rights & Procedure

Unpaid leave is not a 'new' right. It is a voluntary suspension of the employment contract agreed between you and your employer. In practice, you temporarily stop working, the employer stops paying your salary, and the contractual relationship continues. No termination. No notice indemnity. Simply a clearly defined — break in your career.

What it is not

Beware of confusion. Unpaid leave is not a statutory thematic leave (parental leave, medical assistance, palliative care), nor is it time credit (CBA No. 103). These schemes are governed by federal rules, entitle you to ONEM (National Employment Office) allowances, and offer greater protection for the position you hold. Unpaid leave, on the other hand, is not an enforceable right: it depends entirely on the employer's agreement.

Important: if you are entitled to thematic leave or time credit, start there — depending on your situation, you could receive between approximately €500 and €1,100 per month in allowances.

The minimum framework to formalise

In practice, everything hinges on the suspension addendum: start and end dates, return to the same post (or an equivalent one), the treatment of benefits (group insurance, company car, mobile phone), rules on contact during the absence, and a reinstatement clause. A clear clause prevents misunderstandings upon your return.

Simple example: 'Suspension from 1 April to 30 June, return on 1 July to the same position, without continuation of non-statutory benefits.'

A concrete example

You earn €3,000 gross per month and take three months off. During the absence:

• €0 in salary
• No meal vouchers
• No eco-vouchers
• Unless otherwise agreed

The following year, your statutory holiday entitlement (Law of 28 June 1971) will often decrease by 5 days (3/12 of 20 days), and your holiday pay will follow accordingly.

Estimated loss: 5 days at approximately €136 gross per day (based on €3,000/month) = approximately €680 less in holiday pay.

It quickly becomes clear why putting a figure on things before deciding matters.

Your return is the moment of truth. It can go smoothly — or it can stall. Everything depends on what you put in writing at the outset.

Right to the same position?

Unless otherwise stipulated, Belgian law does not automatically guarantee the same position following unpaid leave. This is precisely why a reinstatement clause matters:

'Return to the same role/same remuneration, or failing that, to an equivalent position'

This type of wording limits the risk of being moved to an unsuitable role.

Risk of dismissal

Unpaid leave does not, in itself, provide any special protection against dismissal (unlike parental leave or time credit). Dismissal remains possible, subject to statutory notice or an indemnity in lieu (Law of 3 July 1978, notice provisions).

However, dismissal that is vexatious, discriminatory, or in retaliation for the exercise of a statutory right (e.g., parental leave) may give rise to a claim for damages. Keep a record of all correspondence.

A swift re-onboarding plan

• A 're-onboarding' meeting at Day -5 or Day +1
• A rapid refresher on any tools or processes that have changed
• Realistic objectives over a 30–60 day period

Example: you return on 1 October. The addendum provided for 'the same position'. Your manager proposes a 'temporary' transfer to another department. If this is neither equivalent nor genuinely temporary, you can insist on compliance with the clause. If there is a deadlock, a letter from a solicitor is often enough to get things back on track.