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An employee who is incapable of working is entitled to full maintenance of his wages and other advantages deriving from his employment contract until the end of the calendar month in which falls the 77th day of incapacity for work...

The case law is inconsistent. Certain decisions take the view that an employee who falls ill after being suspended, but before dismissal, is protected against dismissal. The employer is therefore required to await recovery from the sickness before declaring a...

A pregnant women defines employees who are pregnant, and who have informed their employer by providing a medical certificate, sent by recorded post. Notification of the medical certificate by fax is also valid.

Yes. A pregnant employee is entitled to an exemption from work, without loss of wages, in order to attend the prenatal examinations provided for in Article 277 of the Law of 13 May 2008 introducing a single status (“in order...

For the 1st category of activities, protective measures are only required to be taken if a risk to health is ascertained by the occupational doctor. For the 2nd category of activities, a mere risk of exposure associated with tasks is...

Yes. The WOP must be disclosed, by the most appropriate means, to all the employees concerned no later than 5 days before the entry into force of the WOP.

An agreement on the functioning of flexible working hours may replace the system of a work organisation plan. The decision on the establishment of a flexitime system and its periodicity, content and detailed terms, including amendments, is adopted in the...

An employee who is incapable of working on account of sickness or an accident is required: on the very day of the adverse event, to give notice to the employer, personally or through a third party, orally or in writing;...

If the employee has not informed his employer of his sickness, he may not benefit from the protection against dismissal during his period of incapacity for work, and may therefore be dismissed. Similarly, if the employee has informed his employer...

Yes. In fact, a medical certificate merely represents a simple presumption of illness which may be overturned by the employer on the basis of any proof to the contrary, in particular by a medical counter-examination. Thus, when the employer has...

The continuing payment of wages by the employer is available only for certain types of incapacity for work: sickness; accident; leave for family reasons; family hospice leave. Maternity leave, exemptions for women who are pregnant or breastfeeding and adoption leave...

In such case, it is important to determine whether or not, at the time of the dismissal, the employer was aware of the employee’s incapacity for work. It is thus incumbent upon an employee who contends that at the time...

“Premature birth” means birth before the end of the 37th week of pregnancy.

The employer is subject to a reporting obligation vis-à-vis any pregnant or breastfeeding employee employed in his company. That reporting covers: a list of all jobs which pregnant or breastfeeding women cannot be required to perform, in accordance with the...

Maternity leave is made up of prenatal leave AND postnatal leave. Prenatal leave A pregnant employee may not be employed during the 8 weeks preceding the expected date of delivery. Such prenatal leave must be evidenced by a medical certificate...