When an employee in Belgium resigns or is dismissed, a statutory notice period will generally apply. During this period, the employment contract formally continues, even though the end date is already known.
Combining a notice period with leave often raises questions. Here is what you need to consider if you plan to take leave during your notice period. Different types of leave can have different effects on a possible extension of the notice period.
Annual leave during the notice period
Whether the notice period is extended depends on who terminated the contract.
- If you resign
Your notice period is not extended by your vacation days.
- If you are dismissed
The notice period is extended by the number of calendar days of leave taken.
The same rule applies if you are absent due to illness during your notice period.
Extra-statutory leave
Extra-statutory leave, recovery days (ADV) or unpaid leave generally do not suspend the notice period. The original contractual end date therefore remains unchanged despite these absences.
Job search leave
Whether you resign or are dismissed, you are entitled to job search leave to actively look for new employment.
- Is your notice period 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.
- Is your notice period 27 weeks or longer?
You are entitled to one full day (or two half days) per week during the last 26 weeks of your notice period. In the preceding weeks, you are entitled to half a day per week.
Example: if your notice period is 29 weeks, you are entitled to half a day per week during the first 3 weeks and one full day (or two half days) per week during the following 26 weeks.
- Are you looking for a new job with outplacement support?
You are entitled to one full day (or two half days) of job search leave per week for the entire notice period.
These hours do not extend the notice period. They are specifically intended for actively searching for a new job.
More information about job search leave can be found in this article (link to Beyza’s article).
Conclusion
Taking leave during your notice period is allowed, but the consequences vary depending on the type of leave and who terminated the contract. In some cases, leave can influence the duration of the notice period; in others, it cannot. It is advisable to make clear arrangements with your employer to avoid any surprises.
Austin Bright
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