Unpaid Educational leave

• Introduction
• Legal framework
• Objectives
• Types of training
• Training providers
• Target sector(s)
• Target group(s)
• Eligibility criteria  
• Stipulations for participants
• Duration of training
• Status of participants
• Statistics

This category is characterised by leave of absence, which though not intended for the primary purpose of education can be used for this purpose. Separate rules on leave of absence apply to the various sectors (private sector, various public sectors). The effect of this is that although the basic principles remain the same under all the regulatory systems, the practical provisions and even the advantages for the workers may vary according to the rules to be applied.

Legal framework

1. Section 5 of Chapter IV of the amending Law containing social provisions (Moniteur belge of 24 January 1985), as amended by the Law of 1 August 1985 (Moniteur Belge of 6 August 1985), Royal Decree No 424 of 1 August 1986 (MB of 21 August 1986), the Law of 20 July 1991 (MB of 1 August 1991), the Law of 21 December 1994 (MB of 23 December 1994), and the Law of 22 December 1995 (MB of 30 December 1995).
2. Royal decree of 2 January 1991 on granting of leave of absence allowances (MB of 12 January 1991), as amended by the Royal Decree of 25 April 1991 (MB of 4 May 1991), Royal Decree of 21 December 1992 (MB 0f 30 December 1992), Royal Decree of 2 December 1993 (MB of 11 December 1993), Royal Decree of 22 March 1995 (MB of 5 May 1995), Royal Decree of 14 March 1996 (MB of 27 March 1996), and Royal Decree of 10 August 1998 (MB of 8 September 1998).

3. Ministerial decree of 18 February 1991 implementing Article 2.4 of the Royal Decree of 2 January 1991 on granting leave of absence allowances (MB of 22 February 1991).

4. Ministerial decree of 17 December 1991 implementing Articles 13,15, 20 and 27 of the Royal Decree of 2 January 1991 on granting leave of absence allowances (MB of 15 January 1992).

5. Royal decree of 17 November 1993 making compulsory collective working agreement No 56 of 13 July 1993, concluded in the National employment Council, introducing a limited right to leave of absence (MB of 11 December 1993)

6. Royal decree of 6 February 1997, introducing the right to take leave of absence, implementing Article 7.2.1 of the Law of 28 July 1996 on promoting employment and the preventive protection of competitiveness.

7. Royal decree of 29 October 1997 on introducing the right to parental leave under leave of absence (MB of 7 November 1997), as amended by the Royal Decree of 20 January 1998 (MB of 27 March 1998), and by the Royal Decree of 10 August 1998 (MB of 8 September 1998).

8. Royal decree of 10 August 1998 intended to introduce the right to take leave of absence (MB of 8 September 1998).

9. Royal decree of 10 August 1998 introducing the right to take leave of absence to care for or assist a seriously ill member of the household or family (MB of 8 September 1998).

The system of the career break, which was still unknown until recent years, has now definitely become a part of the Belgian social rights. The career break offers an employee the possibility to suspend his career activities for a certain period, either completely or temporarily, in order to reassume his post, in the enterprise again later. The retention of the monthly income during this break and the further practice of the career thereafter are hereby guaranteed. Furthermore, the social rights of the person who has decided to take some time off are protected in a reliable social statute.

For those, who have turned 50, the career break also offers the possibility to transfer to part-time labour and to hereby enjoy a benefit compensating for the loss of surplus income. The career-break is also an employment measure given that workers who take leave of absence or cut down their working hours must necessarily be replaced by someone on unemployment benefit, even though there are already plenty of exceptions.

Types of training

    Training is not a condition of leave of absence.

Training providers

    Chosen at the discretion of the participant.

Target sector(s)

    The private sector and various public sectors

Target group(s)

All workers in the private sector, who are bound by full-time or part-time employment contracts, may use the leave of absence scheme.

The scheme also applies amongst others to:

• the contracted staff of ministries and quasi-State bodies (both at federal and at regional and community level
• the staff of public credit
• contracted teaching staff and staff in the psycho-medico-social centres of the French Community
• the contracted and statutory staff of local and provincial
• the staff of university institutions paid by the patrimony of these institutions

The leave of absence system may not be used by:

• young people employed under youth training schemes
• young people on an apprenticeship contract.

Cf. previous point

In the private sector:

Under certain conditions workers in the private sector are entitled to leave of absence under specific systems, or to a reduction of their working hours: parental leave, leave to give palliative care, leave to look after a seriously ill member of the household or family.

Since 1 January 1999 workers in the private sector (i.e. workers whose employer is covered by the Law of 5 December 1968 on collective working agreements and joint commissions), also have the right to take one of the types of leave of absence from the general system, to a limit of 3% of the company's staff. This entitlement is nevertheless limited for each worker to a maximum of three years during his working career.

NB: For workers in SMEs with less than 10 employees, the only option available is complete leave of absence, not cutting back on working hours.

It should be noted that a collective working agreement in the company or the sector may foresee an extension of this entitlement under certain conditions and provisions.

In the public sector:

Contractual staff employed in the federal civil service (ministries and federal quasi-state bodies) are entitled to full leave of absence or to a halving of their working hours under the general system as long as they have already been employed for one year at least. They may use the scheme for 72 months (6 years). They may not, however, take parental leave or leave to care for or assist a seriously ill member of the household or family as leave of absence.

For contractual staff in the regional or community public sector, any possible right to leave of absence is decided upon by the competent regional or community authorities.

The statutory and contractual staff of local and provincial administrations are entitled to take full leave of absence and to reduce their working hours by a fifth or a half under the general system.

They may use this system for 72 months (six years). However, they may not take as leave of absence either parental leave, or leave to care for or assist a seriously ill member of the household or family.

Stipulations for participants

A full-time or part-time worker can suspend his/her career activities entirely for a period of three to twelve months, and receive a monthly benefit for the duration of that period.

The duration of a career break can be repeatedly extended, whereby the minimum of three months is no longer relevant. The employee can also - in the course of his career - make multiple use of the system (by returning to work in the interim).

A full-time worker can also transfer from a full-time to a part-time job, within the framework of leave of absence or career break. Activities can be reduced by a fifth, a fourth, a third, or half of a full-time position. However, a distinction is made between workers under fifty and workers of fifty years and older.

At least 120 hours per annum.

Protection against redundancy

A worker on leave of absence is protected against being made redundant by his employer. Other than on serious or substantive grounds the latter may not take any steps which would unilaterally terminate the contract. This ban begins: either on the day of approval or on the day of submission of the application in cases of total suspension of the employment contract for reasons of palliative care or in cases of right to leave of absence governed by Royal Decree, and in all cases where the worker may invoke the right to leave of absence.

The redundancy ban expires three months after the end of the leave of absence.

If the employer terminates the employment contract without serious or substantive grounds he is required to pay the worker flat rate compensation equal to six months' salary, as well as possible notice.

Cumulation

Leave of absence may be unconditionally cumulated to income stemming either from the exercise of a political responsibility, or from a supplementary salaried activity which was being carried out for the three months prior to the leave of absence at least.

During leave of absence the worker may not take up any new salaried activity or extend an additional salaried activity in which he is already involved. An additional salaried activity is seen as a salaried activity where the average working hours do not exceed the number of working hours in the job for which the working hours have been suspended or shortened. However, a worker who has taken full leave of absence may cumulate leave of absence with the exercise of some independent activity for a maximum of one year. Leave of absence may therefore be used in this case to set up as a free-lance. At the end of this one year period, the worker may continue his leave of absence, although he no longer qualifies for an allowance.

Resuming working activity at the end of the leave of absence:

A worker who resumes his professional activity before the planned date retains the allowances already paid where leave has lasted at least three months.

Reintegration programme

During the first month of leave, a worker who takes full leave of absence for at least 36 consecutive months may be granted a leave allowance plus a premium if he agrees with his employer on a minimum two week reintegration programme during the last month of his leave. Reintegration programme means any initiative intended to seriously facilitate the worker's return to his working environment. For example, a programme could entail one or more interviews with the heads of department, specific training, etc.

Application procedure

Leave of absence is based on a written agreement drawn up between the employer and the worker. The employer's approval is not required if the worker qualifies for a collective working agreement in his sector or company which recognises his entitlement to leave of absence.

The application for leave of absence allowance must be submitted on the forms provided by the National Office for Employment (ONEM (Office national de l'Emploi) in the French Community, RVA (Rijksdienst voor Arbeidsvoorziening) in the Flemish Community) the . The relevant form must be filled in by both the worker and the employer, C61 A when the application concerns a complete interruption of career activities, C61 B when it involves a change from full-time to part-time employment. It is on this form that the employer must promise to replace the worker, and provide the identity of the replacement with whom he has already drawn up a contract. This is an essential formality, since the entitlement to an allowance depends on it.

Other application procedures apply in the case of leave for palliative care, leave to assist or care for a seriously ill member of the household or family, or parental leave.

Implementation is assured by:

1. the inspectorate for social legislation
2. the regulatory division of the Administration for personal labour relations and the employment directorate within the employment administration: preparation of regulations
3. the regional offices of ONEM/RVA: examination of applications and payment of leave allowances.
4. the employer.

Leave of absence is based on a written agreement drawn up between the employer and the worker. The employer's permission is not required if the worker qualifies in his sector or company under a collective working agreement which recognises the entitlement to leave of absence.

Specific regulations exist regarding leave to assist or care for a seriously ill member of the household or family and paternal leave, with particular stipulations for SMEs.

Statistics

Table 1: Average number of persons taking leave of absence by region and by year

(Source: ONEM)

Table 2: Persons taking leave of absence by age group in December 1998 (in %)

(Source: ONEM)