Be Aware - May 2026

Changes to care leave from 1 July 2026

The Act of 12 May 2014 concerning the recognition of carers assisting a person with significant care needs introduced a new type of leave. The Belgian Parliament has now approved the Act of 22 March 2026, bringing some changes to this leave.

The scope of the leave

The system applies to a person taking care of another person, which doesn’t necessarily have to be a person with certain family ties. The carer should declare that they spend at least 50 hours per month caring for the person involved.

The carer can obtain a recognition from their mutuality. Once they have obtained recognition, they can apply for an allowance from the regional administration. Many municipalities grant an extra allowance on top of the regional one.

If the carer is employed, they can apply for temporary leave based on this recognition from the mutuality. The application should be lodged by registered mail or ordinary mail signed for receipt by the employer. This application should predate the start of the leave by at least seven days.

In the case of a full suspension of the employment contract, the leave can last up to six months. The leave then doesn’t need the consent of the employer if taken up in full months.

The changes as of 1 July 2026

The duration of the leave has now been extended to six months for each person needing care.

The Act of 22 March 2026 introduced the possibility to fully suspend the employment contract not in complete months (which had been possible since 2014), but rather in weeks. Taking up the leave in weeks requires the consent of the employer.

Besides a full suspension of the employment contract, there is the possibility of a temporary switch to half-time employment in blocks of two months. This is possible up to twelve months.

As of 1 July 2026, this half-time leave is not only possible in blocks of two months, but also in blocks of one month. Only in the latter case, is the consent of the employer required.

The modalities for one-fifth leave remain as they are. Its maximum duration is 30 months.

The new Act of 22 March 2026 specifies the leave is also possible if the person needing care lives in an institution with permanent care (notably a hospital or retirement home), provided the person needing care leaves the institution for at least one day per week or thirty days per year.

 

Can an employment contract stipulate it automatically ends if an event takes place?

In commercial contracts, it’s common to stipulate that the contract automatically ends with immediate effect and without a termination indemnity being due if certain events occur.

A judgement by the Employment Appeal Tribunal of Brussels on 7 October 2025 shows such a clause is also possible in an employment contract, provided it meets certain conditions.

The context

A manager signs a fixed-term contract with a duration of six years to manage the news department of a TV station. As it concerns a fixed-term contract, the parties agree the employment contract will automatically terminate when the six-year period lapses, without any termination indemnity being due.

The employment contract also includes a clause stating it’s dissolved at the end of February of year four of the six if the employer’s evaluation after year three shows the manager didn’t reach the targets set out in the contract.

The employer terminates the employment contract with immediate effect in October of year three. The question for the Employment Appeal Tribunal is which indemnity in lieu of notice is due.

The validity of the resolutory clause

The Employment Appeal Tribunal pointed out a resolutory clause is in principle also possible for an employment contract. The 1978 Act on Employment Contracts stipulates a resolutory clause covering the marriage or the retirement of the employee is involved, which confirms the other resolutory clauses are in principle valid, even if they imply the employment contract is terminated without any notice period or indemnity in lieu of notice.

The case law added some conditions. The first one is that the clause must be sufficiently clear. It should be a condition whereby one can objectively and beyond dispute verify whether the condition is met. As the clause deviates from the normal termination modalities, it’s construed narrowly.

The second requirement is that the condition shouldn’t solely depend on the employer. A clause partially depending on the employer is thus possible. In the case at hand, the Employment Appeal Tribunal considered the clause was valid, as while the employer assessed the conditions, the manager’s targets depended on the manager, the employer and external elements.

A third condition is the clause isn’t possible for the cases where the law stipulates a mere suspension of the employment contract, for instance sick leave, maternity leave, etc.

The Employment Appeal Tribunal validated the resolutory clause.

While the employer argued the clause applied, hence no termination indemnity was due, the Employment Appeal Tribunal ruled differently. The clause referred to the outcome of the evaluation by the employer at the start of year four. This evaluation never took place as the employee was dismissed in October of year three.

The Employment Appeal Tribunal decided that the manager not achieving the targets at the end of year three was irrelevant. The clause stipulated only an automatic termination if the evaluation of the manager concluded he failed to meet his targets. This evaluation never took place. The Employment Appeal Tribunal granted the normal indemnity in lieu of notice.