What is it about?
Bereavement leave is part of the paid absences that a worker is entitled to on the occasion of certain family events. When a close relative dies, the worker may be absent from work for one or more days while keeping their normal pay. These days of absence are usually called “short leave”.
At present, these days of leave can only be taken from the date of death. However, a bill proposes more flexibility when the death is due to scheduled euthanasia.
What is the current regime for bereavement leave?
Beneficiaries
All workers may benefit, whether employed full-time or part-time, under a fixed-term or open-ended labour contract. This includes white-collar workers, blue-collar workers and students.
Duration and terms of taking leave
Depending on the kinship with the deceased person, the number of days of bereavement leave and the terms of taking it vary.
The different situations are summarised below:
|
Death |
Duration of absence |
|
Of the spouse or cohabiting partner, of a child of the worker or of their spouse or cohabiting partner |
10 days, including:
|
|
Of the father, mother, stepfather, mother’s second husband, stepmother or father’s second wife of the worker or of their spouse or cohabiting partner |
3 days to be chosen by the worker within the period starting on the day of death and ending on the day of the funeral. |
|
Of a brother, sister, brother-in-law, sister-in-law, grandfather, grandmother, grandchild, great-grandfather, great-grandmother, great-grandchild, son-in-law or daughter-in-law or cohabiting partner living with the worker |
2 days to be chosen by the worker within the period starting on the day of death and ending on the day of the funeral. |
|
Of a brother, sister, brother-in-law, sister-in-law, grandfather, grandmother, grandchild, great-grandfather, great-grandmother, great-grandchild, son-in-law or daughter-in-law or cohabiting partner not living with the worker |
1 day to be taken by the worker on the day of the funeral. |
|
Of a placed child of the worker or of their spouse or cohabiting partner under short-term placement at the time of death |
1 day to be taken by the worker on the day of the funeral. |
What should change in the case of scheduled euthanasia?
The bill aims to better take into account the special situation of scheduled euthanasia.
It does not provide additional days of bereavement leave and does not change the number of days workers are entitled to. The reform only aims to relax the period during which these days of bereavement leave can be taken in the case of scheduled euthanasia.
Specifically, the period for taking leave could start from the day the euthanasia date is set. The worker could then take bereavement leave days before the death to accompany their close relative in their final moments, be present on the day of euthanasia and, if needed, handle related formalities.
The table below summarises the situations concerned by this relaxation:
|
Death |
Duration of absence |
|
Of the spouse or cohabiting partner, of a child of the worker or of their spouse or cohabiting partner |
10 days, to be taken by the worker during the period which would start on the day the euthanasia date is set and end one year after that. |
|
Of the father, mother, stepfather, mother’s second husband, stepmother or father’s second wife of the worker or of their spouse or cohabiting partner |
3 days, to be taken by the worker during the period which would start on the day the euthanasia date is set and end on the date of the funeral. |
|
Of a brother, sister, brother-in-law, sister-in-law, grandfather, grandmother, grandchild, great-grandfather, great-grandmother, great-grandchild, son-in-law or daughter-in-law or cohabiting partner living with the worker |
2 days, to be taken by the worker during the period which would start on the day the euthanasia date is set and end on the date of the funeral. |
Does the worker retain their salary during bereavement leave?
Yes, but not automatically. To benefit from bereavement leave with retention of their normal remuneration, the worker must meet the following three conditions:
-
Notify their employer in advance or, at the very least, inform them as soon as possible
-
Use the leave for the purposes for which it is granted
-
Not suffer a loss of salary due to their absence
Entry into force?
This relaxation of the terms for taking bereavement leave in the case of scheduled euthanasia will enter into force 10 days after the publication of the law in the Moniteur belge. As the law has not yet been published, the date of entry into force is not yet known.
What does Securex do for you?
Do you have questions about bereavement leave or about the new proposed terms for taking it in the case of scheduled euthanasia? Would you like to implement more favourable provisions in your company? Your Legal Advisor will be happy to assist you. Contact them without delay by e-mail at myHR@securex.be.
Source
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Bill aiming to flexibilise the period of bereavement leave in the case of scheduled euthanasia and palliative care leave, DOC 56 1338/006 and DOC 56 1338/010
