Maternity &
paternity leave
Expecting a child in a new country often comes with a lot of uncertainty - how much leave you're entitled to, how much of your income continues, and who you need to inform. The good news is that Belgium has clear, legally protected leave entitlements for employees, regardless of nationality.
This page explains what maternity, paternity, and parental leave look like, who qualifies, and how to arrange it with your employer.
Overview
Belgian employment law gives most employees the right to maternity leave, paternity/birth leave, and parental leave, on top of any company-specific policy. Entitlements depend mainly on your employment status (employee or self-employed) and how long you've been in your job, not on your nationality.
Maternity leave
Employees who are pregnant are entitled to 15 weeks of maternity leave (19 weeks for multiple births), split into a period before and after the birth:
- At least 1 week is compulsory before your due date - this is easy to miss, since it's separate from the rest period after birth.
- 9 weeks are compulsory immediately after the birth.
The remaining weeks are flexible: any leave not yet taken before birth can be added after it, and can often be spread out or taken part-time.
- Multiple births (twins or more) extend the total to 19 weeks.
During maternity leave, you don't receive your normal salary from your employer - instead, you receive a replacement income from your health insurance fund (mutuality). The amount and rules can vary, so check with your mutuality or HR department for your exact situation.
Paternity and birth leave
The partner of the person giving birth is entitled to birth leave (sometimes still called paternity leave), which can be taken in the weeks following the birth.
- Leave days can usually be split and don't need to be taken all at once.
- Like maternity leave, part of this leave is paid by your employer and part is compensated through your mutuality.
- Same-sex partners and unmarried partners are generally entitled to the same leave, as long as legal parentage or cohabitation conditions are met.
Parental leave
Once maternity or birth leave ends, both parents can also take parental leave - unpaid by your employer, but partly compensated through a Flemish/federal benefit if you meet the conditions.
- Parental leave can usually be taken full-time, part-time, or in reduced hours, depending on what your employer allows.
- It must be used before your child turns 12 (21 if your child has a disability).
- Both parents can take parental leave independently of each other.
- You need at least 12 months of service with your employer within the past 15 months to qualify - worth checking closely if you've recently changed jobs or recently arrived in Belgium, since this condition can rule out parental leave in your first year with a new employer.
How to apply
- Inform your employer in writing as soon as you know your due date or planned leave dates.
- Contact your health insurance fund (mutuality) to arrange your income replacement during maternity or birth leave.
- Apply for parental leave benefits through the RVA/ONEM (Belgium's unemployment office, which also handles this) if you plan to take parental leave.
- Keep a copy of all confirmations - your employer, mutuality, and RVA/ONEM may each ask for separate documentation.
If you're self-employed, these steps don't apply to you. You're entitled to a shorter maternity leave (12 weeks), arranged and paid directly through your mutuality, under a separate scheme.
Adoption leave
If you adopt a child, you're entitled to adoption leave, working in a similar way to birth leave. The exact length depends on your child's age at adoption and is compensated through your mutuality in the same way as maternity and birth leave. Contact your mutuality as soon as the adoption is confirmed to arrange this.
Good to know: maternity benefits require roughly 6 months of mutuality membership before you're eligible - but insurance periods from another EU country count towards this. If you're arriving pregnant, register with a mutuality on day one so this waiting period doesn't catch you out.
Leave rules can differ slightly depending on your sector or collective labour agreement (CAO/CCT). If anything in this page doesn't match what your employer tells you, ask your HR department directly - they can confirm what applies to your specific contract.
Sources
- Belgium.be - Family
- RVA/ONEM - Belgium's unemployment and leave benefits office
- Vlaanderen.be - Health and social security
- Onthaal | RIZIV
- settlinginbelgium.be
