Anyone who changes jobs will sooner or later come across the concept of job search leave. Yet many misunderstandings still exist. How many days can you take? Does the right still apply if you have already found a new job? Can an employer refuse it? And are you required to take it?
Below, we clarify the rules.
A legal right, but only during the notice period
Job search leave is not a favour granted by the employer; it is a legal right. However, it only applies during the notice period, meaning after the dismissal or resignation has been formally notified (by either the employer or the employee).
From that moment onward, you are allowed to be absent during working hours in order to actively look for a new job, while continuing to receive your salary. Employees who have not yet submitted their resignation therefore cannot make use of this right.
How much job search leave are you entitled to?
The law distinguishes between different situations depending on the length of the notice period.
- If your notice period is 26 weeks or less
You are entitled to one full day (or two half days) of job search leave per week for the entire notice period.
- If your notice period is 27 weeks or longer
You are entitled to one full day (or two half days) of job search leave per week during the final 26 weeks of the notice period. During the earlier weeks, the entitlement is limited to half a day per week.
Example: if your notice period lasts 29 weeks, you are entitled to half a day of job search leave per week during the first 3 weeks, and one full day (or two half days) per week during the remaining 26 weeks.
- If you are looking for a new job through an outplacement programme
You are entitled to one full day (or two half days) of job search leave per week throughout the entire notice period.
Although the law refers to full and half days, in practice this is often applied more flexibly. In agreement with the employer, the leave can also be taken in hours, for instance to attend a job interview lasting an hour and a half.
What if you have already found a new job before resigning?
A common question is what happens if you have already secured a new position before submitting your resignation. Do you still have the right to job search leave?
In principle, yes. The right remains in place as long as you are serving your notice period. The law links job search leave to the notice period itself, not to whether you have already signed a new employment contract.
In practice, however, things may be viewed differently. If it is clear that you are no longer actively applying for jobs, the employer may question the use of this right. Job search leave is intended to facilitate the search for employment, not to create additional days off.
Are you required to take job search leave?
No. It is a right, not an obligation. You are free to decide whether or not to make use of it.
Some employees schedule interviews outside working hours or take regular leave instead. Others actively use job search leave to prepare for interviews or participate in recruitment processes.
Can an employer refuse job search leave?
In principle, no. Because it is a legal entitlement, an employer cannot simply refuse it.
However, the employer may:
- ask to be notified in advance;
- request proof of an application (for example an interview invitation);
- make arrangements regarding the practical organisation of the leave.
What the employer cannot do is require you to disclose which company you are applying to or for which position. Your privacy remains protected.
How should you approach the conversation with your employer?
Although it is a legal right, a professional approach remains essential. Transparency and open communication help avoid unnecessary tension.
A few tips:
- Inform your employer in good time when you plan to take job search leave.
- Provide clear but limited information (“I have a job interview on Wednesday morning.”).
- Take the work schedule into account, especially in positions with greater responsibility.
A constructive attitude often makes all the difference. As with resignations themselves, clear agreements help avoid misunderstandings, something we also discussed in our article about common mistakes when resigning.
What about part-time employees?
Part-time employees are also entitled to job search leave, but on a proportional basis.
For example:
- A half-time employee is entitled to half a day per week during the first 26 weeks.
- With a four-fifths employment contract, the entitlement is reduced to the corresponding number of hours.
In practice, this is usually recorded in hours in order to align with the employee’s work schedule.
In conclusion
Job search leave in Belgium is clearly regulated. During the final 26 weeks of the notice period, employees may take one full day per week to look for a new job. During the earlier weeks of the notice period, the entitlement amounts to half a day per week. The right also applies to part-time employees and remains valid throughout the notice period, even if a new job has already been secured.
Employees who understand the rules and approach the situation professionally can prepare for their next career move without creating unnecessary tension in the workplace.
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