New rules on employee incapacity to work during annual holidays

From 1 January 2024, a worker who falls ill during his holidays will be able to convert this period of illness into days of disability and keep his holiday days to take later (within 24 months of the end of the holiday year). This is part of the process of bringing Belgian law into line with the case law of the European Court of Justice.

This postponement will only be possible if the worker immediately notifies his employer of his incapacity and provides him with a medical certificate (a model to be used is announced by Royal Decree, but its use will be optional), while expressly asking his employer to take his holiday later. The employee must also inform his employer of his whereabouts if he is not at home. The employer will then have to record these days as days of incapacity and will be obliged to pay the employee the guaranteed salary.

In this respect, it is advisable to make the necessary adjustments in the employment regulations in force within the company.

Luc Godin & Aurélie Blaffart

Employment Law Department