2023-12-04 17:05:16
Gabriella sent her question via the orange “Alert Us” button, and it concerns a subject that interests many workers at the end of the year: the right to legal leave.
Gabriella contacted us via the orange “Alert Us” button about her paid days off. She explains to us that she still has 6 days of legal leave to take, but that he refuses to let her take them and plans to pay them instead. Gabriella would prefer to take these days off rather than see them paid.
Can we force him to give up his vacation days? The answer is simple: no, his boss cannot force him to do so.
The basic rule is that the worker has the right to take his vacation days. If the boss wants to pay them instead, the worker must agree. Otherwise, he is entitled to take his remaining vacation days. Gabriella can therefore take her remaining six days.
Workers are entitled to leave which must normally be taken in the current year and cannot be carried over.
Changes for 2024
But from 2024, two major changes are planned. It will be possible to postpone or convert certain days of leave, but only in certain specific cases and under certain conditions.
Here are two concrete examples to illustrate these new possibilities:
If a worker becomes ill during their vacation and provides a medical certificate, they will be able to convert their vacation days into sick days, thus allowing them to recover vacation days for a later period. For a worker on maternity leave, it will be possible to carry over the legal leave days to the following two years if childbirth or the period of maternity leave prevents the legal leave days from being taken.
It is important to emphasize that these changes do not completely overturn the basic rule according to which leave days must normally be taken during the current year. Flexibilities are simply added such as childbirth, an accident or a long illness which prevents the worker from taking leave.
Belgium lagging behind its neighbors
Belgian workers are entitled to 20 days of paid legal leave each year. However, this puts them slightly behind some of their European neighbors. For example, France grants 25 days of leave, Germany 24, Luxembourg 26 and Spain 30 days of leave.
Nearly 40% of Belgian employers grant additional leave, in addition to legal leave.
paid leave money boss worker RIRAVQ
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