What's happening
A recent study by Attentia reveals that a significant portion of Belgian employees do not take their sick days that fall during their annual leave. Three out of four Belgians do not recover their holiday days that coincide with illness, despite a legislative change in 2024 that made this possible. Only a quarter of affected employees utilize the option to still take these lost holiday days, indicating low awareness of the regulations or barriers in the application process. The recovery of leave for sickness during leave is an important right.
The legislation, in effect since January 1, 2024, states that employees who fall ill during their vacation can convert these sick days into sick leave days, and take their original vacation days at a later time. However, this requires a correct procedure, including timely informing the employer and providing a medical certificate. The low recovery rate suggests that many employees are either unaware of these rights or perceive the complexity of the procedure as an obstacle. Employer organizations and trade unions could play a role in better communication.
Background
The possibility of recovering sick days during leave is the result of a European directive that was transposed into national Belgian law. Before 2024, sick days coinciding with vacation were irrevocably lost, leading to frustration among employees and legal disputes. The new legislation, which amended the Employment Contracts Act and other relevant laws, was intended to better protect employees and ensure they could fully enjoy their right to vacation, independent of unforeseen illness. This adjustment was broadly welcomed, but implementation and effective application still seem to be faltering, as shown by the figures. The introduction of this law required both employees and employers to adapt administrative processes and knowledge of new obligations.
How the law impacts employment rights
This change has a direct impact on Belgian employment law and HR practices within companies. It places additional responsibilities on employees to correctly report their illness and on employers to process these notifications and facilitate the recovery of leave days. The Federation of Belgian Enterprises (FEB) and various sector federations have issued guidelines to help companies correctly apply the new rules, but the message does not yet seem to have fully permeated everywhere.
What this means for Belgium
The low recovery of sick days during leave has various implications for the Belgian labor market and employee well-being. On the one hand, it can mean that employees unnecessarily lose holiday days, undermining their right to rest and recovery. This can lead to increased stress and reduced well-being. On the other hand, it points to a gap in communication and information regarding labor rights. Government agencies such as the Federal Public Service Employment, Labour and Social Dialogue (FPS ETCS) and relevant social partners have a task to increase awareness of this regulation.
The Attentia study states that '51% des travailleurs ne l'ont pas demandé' (51% of workers did not request) to recover their days, underscoring the need for better information, according to L'Echo.
The fact that 51% of sick employees during leave did not apply for their days – as reported by Attentia – emphasizes the need for proactive campaigns. This can help inform employees about their rights and simplify the procedure. A better understanding and smoother application of the legislation would ultimately contribute to a fairer and healthier working climate in Belgium. Organizations like the CSC and FGTB can also play an important role in disseminating this information among their members. This way, the legislation, intended by the European Parliament and the Belgian legislator, can reach its full potential.