Personal leave of absence: what employers must know
04 Nov 2025
Life happens, and everyone at some point gets confronted with a private life event, whether joyful or difficult. To celebrate or cope with such events, Belgian employment law allows affected employees to take paid time off in a system of personal leave of absence (‘klein verlet’ / ‘petit chômage’), with the duration depending on the type of event. As employers, it’s paramount to understand the applicable rules and, in this newsletter, we provide a brief overview of the basic principles and key points of attention of this system.
Personal leave of absence: what’s in a name?
Belgian employment law provides a statutory right to be absent from work with pay on the occasion of qualifying family events, civic obligations or court appearances. This right is firstly set out in the Employment Agreements Act and an accompanying Royal Decree, which lists the eligible events and the duration of the absence per event. It’s important to point out that these are minimum standards. More favourable rules can apply under a sectoral collective bargaining agreement or company-level arrangements.
In addition to specifying the duration of the absence, these regulations generally also define the period within which the employee must take the leave, usually in relation to the qualifying event.
Below you can find examples of some of the more prevalent personal life events included in the above-mentioned Royal Decree, which result in a right to personal leave of absence.
| Event | Duration | When to take |
|---|---|---|
| Marriage of the employee | Two days | Chosen within the week of the marriage or the following week. |
| Marriage of a child, the spouse's child, a parent, stepparent, or parent-in-law, a sibling or sibling-in-law, or a grandchild | One day | On the day of the marriage |
| Death of spouse or cohabiting partner, or of a (long-term foster) child of the employee or of the spouse or cohabiting partner | Ten days | Three days between day of passing and the funeral, plus seven days within one year after passing |
| Death of a parent, stepparent, or parent-in-law of the employee or of the spouse or cohabiting partner | Three days | Chosen between day of passing and funeral |
| Death of a sibling, sibling-in-law, (great-) grandparent, (great-) grandchild, or child-in-law of the employee or of the spouse or cohabiting partner | Two days (if deceased was living with the employee) | To be chosen between day of passing and funeral |
| One day (if deceased wasn’t living with the employee) | On the day of the funeral | |
| Death of short-term care foster child of the employee or of the spouse or cohabiting partner | One day | On the day of the funeral |
| Solemn communion or secular youth celebration of the employee’s child or their spouse’s child | One day | On the day of the event, if it falls on a Sunday, public holiday or usual non-working day, the working day immediately before or after |
| Jury service, being summoned as a witness, personal appearance at request of labour court | Necessary time, max. 5 days | As required by the summons |
*for the application of the above table, note that – where ‘spouse’ is mentioned – this also covers the legally cohabiting partner.
More favourable arrangements
As mentioned above, sectoral or company-level arrangements on personal leave of absence can be more favourable than the ones provided for in Belgian employment legislation. For example, in companies that fall within the scope of application of joint committee no. 200, employees are entitled to three days of leave when they get married, instead of the statutory minimum two days.
Companies must therefore always verify sectoral collective bargaining agreements and any company policies to ensure alignment for each qualifying event and avoid applying less favourable rights.
Practical considerations
When one of these qualifying events materialises, the employee must inform their employer in advance of their desire to take up personal leave of absence. If prior notice is not possible, they must inform the employer as soon as possible.
Employers on the other hand, may require reasonable proof of the event and may verify timing compliance. Acceptable proof typically includes official documents relevant to the event, such as an invitation or official confirmation for a wedding or a religious ceremony, or an extract of the death certificate.
Salary during personal leave of absence
The general rule is that the employee keeps their normal pay for the duration of the personal leave of absence, provided they notified the employer on time, use the leave for its intended purpose and the absence coincides with a day the employee would have normally worked.
For example, the employee would not be entitled to normal pay if they normally work from Monday until Friday, and the marriage of their child takes place on the weekend. The same principle applies to part‑time employees; they are only entitled to paid leave for the days they would normally have worked.
Key takeaways
The statutory regime for paid personal leave of absence is precise on events, duration and timing, yet it is only a minimum. The biggest risk for companies is overlooking more generous sectoral or company-level terms. Organisations should therefore map all applicable rules, including sectoral rules and any company policies, to safeguard the employees’ right to personal leave of absence. In addition, it’s recommended that company policies and processes clearly detail the events giving rise to leave, how to request leave, what proof may be required and how scheduling works where flexibility is allowed.
If you have any questions regarding the above or looking for specific guidance, do not hesitate to reach out; we’d love to hear from you.
