Voluntary donation of leave days in Belgium

by DLA Piper

DLA Piper

What is “voluntary donation of leave days”?

The system of “voluntary donation of leave days” gives the possibility to an employee who has a child (below 21 years) suffering from a particularly serious disease, a particularly serious handicap or who had a particularly serious accident to benefit from additional leave days donated by other employees of the company.

The proposed bill aims to introduce in our legislation this scheme which was already adopted in France in 2014 (loi Mathys).

Proposed system

Who can give and benefit from a donation of leave days?

This system would be applicable to employees and employers subject to the law of 5 December 1968 regarding collective bargaining agreements and joint committees.

It is important to highlight that this system would be purely voluntary, anonymous and without any counterpart.

Which leave days could be given?

According to the bill only conventional leave days would be given. That means that an employee could only donate:

  • Complementary leave days which are granted by individual or collective agreement
  • Recuperation days granted in the framework of the working time reduction and which are paid

Conditions to receive leave days

If a worker needs to take care of his child (below 21 years) who is suffering from a particularly serious disease, a particularly serious handicap or who had a particularly serious accident, he can benefit from voluntary donation leave days given by his colleagues. To benefit from it, the worker needs to:

  • Request to the employer to benefit from this system (the employer must give his agreement)
  • Be the parent of the child in the 1st grade and living together with the said child
  • The employee who is the partner of the parent of the child and is living together and take care of the daily education of the child
  • First take up all his holiday days and leave days (which he can freely take up)
  • Provide a medical certificate to the employer at his request

Implementation of the system

The system of “voluntary donation of leave days” should be implemented at sectorial level through a CBA. Nevertheless, CBAs could be adopted at company’s level if the competent joint committee did not conclude a collective bargaining agreement 6 months after the case was referred to the president of the latter committee by a representative organization or an employer. The aforementioned CBA's at company level needs to be organized by all the representative employees' organizations represented in the union delegation or through the work regulations.


The employee, who fulfils the legal conditions thereto, notifies the employer his willingness to take up leave days and the amount of days needed (maximum two weeks renewable).

The contract of the employee who received leave days will be suspended (the employee will maintain his salary during his absence).

The employer notifies the other employees of the request for donation and how many days are needed.

The employee who benefits from conventional leave days (which he can freely dispose of) can on a voluntary basis inform the employer that he partly or fully waives his entitlement to these days as well as to the payment thereof, and donates these days to the employee who requested them.

The employer will guarantee the anonymity of the employees who participated to the donation of the leave days.


Depending on whether or not a CBA is concluded at sectorial level, an employer should assess whether a CBA should be concluded or the work regulations amended to introduce a system of “voluntary donation of leave days” .

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© DLA Piper | Attorney Advertising

Written by:

DLA Piper

DLA Piper on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.