Short leave and compassionate leave: the complete guide

Your employee pokes their head around the door. "Boss, my sister's getting married next Saturday. Can I take Friday off?" You don't want to be difficult, but you're not entirely sure what the rules are either. How many days? Paid or unpaid? And do you actually have to approve it, or does the employee simply have a right to that day?

Sound familiar? You're not alone. Short leave, or leave for compelling reasons (omstandigheidsverlof) as it's officially known, is one of those topics many employers struggle with. The basic principles are clear enough, but the moment you dig into the details it quickly gets a lot more complex.

This article gives you a complete overview of all the short leave rules in Belgium. Per situation: how many days, when to take them, paid or not, and what you as an employer need to know. No legal jargon where it isn't needed, just the practical information you need.

What exactly is short leave?

Short leave is an employee's right to be absent from work for certain family events, ceremonies or civic obligations, with full pay. The employee keeps their normal salary during the absence.

The legal basis? The Royal Decree of 28 August 1963. That decree lists every case in which an employee is entitled to leave for compelling reasons in Belgium and sets the number of days per situation.

Let's step back for a moment: why does this arrangement exist at all? The legislator felt that employees shouldn't have to choose between their pay and important life events. Attending a wedding, arranging a funeral, a child making their solemn communion: these are moments when you want, and need, to be there.

Four conditions must be met at the same time:

• The event is on the legal list of short leave days
• The event falls on a normal working day (or you take the leave on a working day as legally provided)
• Your employee notifies you as soon as possible
• The absence is actually used for the event in question

Short leave for a wedding

How many days of short leave you get for a wedding depends on whose wedding it is. This is by far the most common question employers ask us at Recruit, and understandably so, because the rules differ depending on whether it's the employee's own wedding or that of a relative.

The employee's own wedding: 2 days, freely chosen in the week of the wedding or the week after. Some joint committees even grant a third day, so always check your sector's collective labour agreement (CLA).

Wedding of a child or stepchild: 1 day, to be taken on the day of the ceremony itself.

Wedding of a brother, sister, brother-in-law or sister-in-law: 1 day, on the wedding day.

Wedding of a parent, parent-in-law or step-parent: 1 day, on the wedding day.

Wedding of a grandchild: 1 day, on the wedding day.

What if the wedding falls on a Saturday? That's a frequently asked question. If Saturday isn't a normal working day for the employee, it doesn't count as a day of short leave. For the employee's own wedding there's no problem, because they choose two days themselves in the week of the wedding or the week after. But for a relative's wedding, the leave is tied to the day of the ceremony. If that falls on a Saturday or Sunday, there is in principle no right to short leave. Some sectors do provide exceptions here.

Short leave for a death

This is where it gets a little legal, but it matters: the rules on short leave for a death were significantly changed on 25 July 2021, with the so-called "bereavement leave" expanded for close family members.

Death of a spouse, cohabiting partner or a child: 10 days in total. Three days to be taken in the period between the death and the funeral. The remaining seven days can be freely chosen within the year following the death. That spread is deliberate: grief doesn't stop after the funeral, and the legislator recognises this.

Death of a parent or parent-in-law: 3 days, to be taken between the death and the funeral.

Death of a brother, sister, brother-in-law, sister-in-law, grandparent or grandchild who lived with the employee: 2 days, to be taken between the death and the funeral.

Death of a brother, sister, brother-in-law, sister-in-law, grandparent or grandchild who did not live with the employee: 1 day, on the day of the funeral.

Death of a foster child (in the context of short-term foster care): 1 day, on the day of the funeral.

In our experience with thousands of employers, bereavement leave raises the most questions. Those seven additional days within the year, in particular, lead to practical questions. Does the employee have to request them in advance? Can you, as an employer, ask for proof? In practice, it comes down to making arrangements together. The law prescribes no specific procedure, but good work rules help enormously.

Note: legally cohabiting partners have the same rights as married partners. De facto cohabitants fall outside this, unless your sector's CLA provides otherwise.

Short leave for communions and ceremonies

Solemn communion of an employee's child (or the partner's child): 1 day, on the day of the ceremony. Does it fall on a Sunday, public holiday or usual day of inactivity? Then the day off may be taken immediately before or after.

A child's secular youth celebration (Feest van de Vrijzinnige Jeugd): exactly the same arrangement as for communion. 1 day, with the same flexibility if it falls on a non-working day.

A child's ordination as a priest or entry into a monastery: 1 day, on the day of the ceremony.

Notice that this only applies to children (your own children, the partner's children, or foster children who have lived in your household for at least six months). The communion celebration of a nephew or niece does not count as short leave, however understandable that may be.

Short leave for civic duties

Besides family events, the Royal Decree also provides leave for certain civic duties. These are situations that occur less often, but which you as an employer may still encounter.

Being summoned as a witness in court or appearing before the labour court: the time needed, up to a maximum of five days.

Serving on a jury: the time needed, again up to a maximum of five days.

Sitting as a polling officer at elections: the time needed. For European elections this can run up to five days.

Being summoned to a military selection centre or military hospital: the time needed, up to a maximum of three days.

Moving house: no legal short leave

This is a persistent misconception. Many employees think a house move entitles them to a day of short leave. It doesn't. Moving is not listed in the Royal Decree of 28 August 1963.

But, and this is the confusing part, some sectoral or company CLAs do provide a day of leave for a house move. In JC 200 (the supplementary joint committee for white-collar workers), for example, this is not the case, but it may be different in other sectors.

As an employer, it's best to check your joint committee and any company agreements. If in doubt, you can also get help from a payroll social secretariat or a payroll partner such as Recruit that keeps track of the sectoral rules for you.

How it differs from other types of leave

Short leave doesn't stand alone. It's one of many types of leave in Belgian labour law, and employers sometimes get confused. Here are the main differences at a glance.

Short leave vs. annual leave: holiday days are freely scheduled (in consultation with the employer) and are unrelated to specific events. Short leave days are tied to a specific event and cannot be "saved up".

Short leave vs. birth leave: birth leave (formerly paternity leave) is separate from short leave. Since 1 January 2023, partners have been entitled to 20 days of birth leave. That's a different arrangement from leave for compelling reasons. Want to know more about pay during an absence? Check our guide on calculating holiday pay for a full overview.

Short leave vs. sick leave: in case of illness, the rules on guaranteed salary and sick leave apply. Short leave is not about health problems, but about life events.

Short leave vs. unpaid leave: short leave is always paid. The employee keeps their normal salary. With unpaid leave (or an arrangement such as time credit), that isn't the case.

What pay applies during short leave?

The employee is entitled to their normal salary. That sounds simple, but what exactly is "normal salary"?

For white-collar workers, it's the ordinary monthly salary, including the fixed premiums and benefits normally due for the day of absence. For blue-collar workers, it's calculated on the basis of the wage they would have earned had they worked that day.

Variable pay, overtime or irregular premiums are in principle not included, unless your sector's CLA provides otherwise.

After more than 15 years in Belgian payroll, we know that it's precisely this pay calculation for short leave that causes the most errors. Especially for blue-collar workers with a variable work schedule or employees on commission, it quickly becomes a matter of calculation. A payroll system that automatically computes the correct salary based on your joint committee is then no luxury but a necessity.

Proof and certificates: what can you ask?

The law says the employee must notify the employer as soon as possible. But on supporting documents, the legislation is remarkably vague.

In practice, you as an employer may ask for reasonable proof. Think of:

• A wedding invitation or marriage booklet for a wedding
• A death certificate or funeral notice for a death
• A communion card for a solemn communion
• A summons letter for a court testimony or jury duty

What you may not do: make unreasonable demands or refuse the leave because the employee can't immediately produce a certificate. The employee can also provide the proof afterwards.

Set out your proof policy in your work rules. That prevents disputes later and creates clarity for both parties.

Common mistakes employers make

We regularly see companies fall into the same traps with short leave. The five most common:

Refusing the request. If the employee meets the four conditions (legal event, working day, timely notice, actual use), you cannot refuse the leave. It's a right, not a favour.

Confusing a house move with short leave. As explained above: moving is not legal short leave, unless your sector provides for it.

Miscalculating bereavement leave. Since the 2021 change, it's ten days for the death of a partner or child, no longer three. We still see employers working with the old system.

Ignoring sectoral top-ups. The Royal Decree sets the minimum rights. Your joint committee can grant more days. Always check the sectoral CLA.

Excluding part-time employees. Part-time employees have exactly the same short leave rights as full-time employees. The leave applies only to days on which they would normally have worked.

Practical tips for employers

In short, here's how to handle short leave well as an employer:

• Set out a clear policy in your work rules, including which supporting documents you expect
• Keep an overview of short leave days taken per employee. For bereavement leave this is extra important, because the seven additional days can be taken up to a year later
• Always check your joint committee for sectoral top-ups. What the Royal Decree grants is the minimum
• Be human. Short leave is about important moments in your employees' lives. Flexibility within the legal limits is appreciated
• Automate where possible. Managing absences manually in a spreadsheet works until you have twenty employees. After that it becomes an administrative nightmare

Want to know more about dismissal procedures and the administrative obligations that come with them? Read our article on the dismissal procedure as an employer.

Frequently asked questions

Is an employee entitled to short leave for the wedding of an uncle or aunt?

No. The Royal Decree of 28 August 1963 limits wedding short leave to children, brothers, sisters, parents, parents-in-law and grandchildren. Uncles, aunts, nephews and nieces don't qualify, unless a sectoral CLA extends it.

Does short leave count as a holiday day?

Absolutely not. Short leave days are on top of the statutory holiday days. They may not be deducted from the holiday balance.

What if the event takes place abroad?

The rules also apply if the event (for example a wedding or funeral) takes place abroad. Extra travel time, however, is not legally provided as short leave. In practice, employer and employee often make an arrangement about this, for instance using holiday days or unpaid leave for the travel days.

Do I have to pay short leave if the employee is still on a trial period?

Trial periods no longer exist in the Belgian private sector (abolished since 2014, except for student contracts and temporary agency work). But to answer the question: yes, employees with a new contract are entitled to paid short leave from day one.

Can an employee take short leave in half days?

The law doesn't provide for it. Short leave is calculated per full day. But as an employer you can of course be more flexible and allow a half day by mutual agreement.

In short

Short leave is a statutory right for every employee in Belgium. The rules are set out in the Royal Decree of 28 August 1963 and supplemented by sectoral CLAs per joint committee. It's always paid leave, tied to specific life events. As an employer, you cannot refuse it when the conditions are met.

The key points at a glance: the employee's own wedding gives a right to two days, the death of a partner or child to ten days (since 2021), and family events such as communions and weddings of relatives each give a right to one day. Always check your joint committee for top-ups, and set out a clear policy in your work rules.

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How Recruit helps you here

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• Contracts in under 60 seconds - Create trial and temporary contracts without the hassle
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• 24/7 personal support - Always a dedicated contact who knows your company
• No fixed monthly costs - Pay only for what you use

Try Recruit or get in touch with our HR experts for tailored advice.

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The information in this article is purely informative and does not replace professional legal or accounting advice. Labour legislation changes regularly. Always consult the current legislation or contact an HR expert for advice tailored to your situation. Note: the rules may differ per joint committee and sector. This article provides general guidelines. For specific advice tailored to your sector, contact our HR specialists.