Here you can find out the basics about maternity leave for:
- employees in the Belgian system; and
- self-employed mothers (‘mères indépendantes’ / ‘zelfstandige moeders’) in the Belgian system
You can also read about some special situations, such as:
- how it may be possible to extend your maternity leave if your baby has to stay in hospital after the birth;or
- how maternity leave may be converted to paternity / co-parent leave if the mother is hospitalised after the birth or in the tragic situation where the mother dies after birth.
Maternity leave for employees in the Belgian system
If you are employed on a Belgian contract, you are entitled to 15 weeks maternity leave (19 weeks in the case of a multiple birth).
| Length of leave | If you are employed on a Belgian contract, you are entitled to 15 weeks maternity leave (19 weeks in the case of a multiple birth). This is divided into ‘prenatal’ and ‘postnatal’ leave.
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| Formalities | To receive payment for your maternity leave:
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| How much will I get paid? | For the first 30 days after the birth, you will receive 82% of your gross salary (with no upper limit) from your mutuelle. As of the 31st day, this amount is fixed at 75% of your gross salary, with an upper limit of around €106 per day. |
Maternity leave for self-employed mothers in the Belgian system
If you are self-employed in the Belgian system, you are entitled to up to 12 weeks maternity leave (maximum 13 weeks in the case of a multiple birth), with a minimum of three weeks.
| Eligibility criteria | If you are self-employed in the Belgian system, you have the right to maternity leave provided that:
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| Length of leave | You are entitled to up to 12 weeks maternity leave (maximum 13 weeks in the case of a multiple birth), with a minimum of three weeks. Maternity leave is divided into ‘mandatory prenatal leave', 'manatory postnatal leave' and 'optional leave'.
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| Formalities | To receive payment for your maternity leave:
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| How much will I get paid? | The weekly amount you receive is not dependent on your income. The amount for weeks taken:
You will receive your payments monthly, with the first payment made 30 days after the start of your maternity leave. |
Good to know
You do not have to pay social security for the trimester following the birth of your baby. This benefit is accorded automatically by the ‘caisse d’assurances sociale’ / social insurance fund.
What happens if my baby has to stay in hospital?
If your baby has to stay in hospital beyond the first 7 days after the birth, you should be able to extend your maternity leave.
| For employees | For each consecutive day your baby has to stay in hospital beyond the first seven days after the birth (provided the baby was not discharged from hospital during that time), you can extend your maternity leave by the same number of days, e.g. if your baby stays in hospital for 10 days in total, your maternity leave is extended by three days. This extension of maternity leave cannot exceed 24 weeks. The additional time is added at the end of your official maternity leave. What’s the procedure? Before the end of your official maternity leave, give your mutuelle a letter from the hospital stating the length of time your baby was hospitalised for. Read more on the website of the National Institute for Health and Disability Insurance (French and Dutch). |
| For self-employed mothers | For each consecutive day your baby has to stay in hospital beyond the first seven days after the birth (provided the baby was not discharged from hospital during that time), you can extend your maternity leave by the same number of days, e.g. if your baby stays in hospital for 10 days in total, your maternity leave is extended by three days. The additional time is added after the two weeks of mandatory postnatal leave. It is possible to take these extra days 'part-time'. What's the procedure? Within two weeks of the birth, inform your mutuelle of the number of additional days of maternity leave and provide a letter from the hospital stating the length of time your baby was hospitalised for. If at this time, your baby is still in hospital, your maternity leave can be further extended and you will again need to ask the hospital for a letter stating the length of hospitalisation. Read more on the website of the National Institute for Health and Disability Insurance (French and Dutch). |
What happens if a mother cannot look after her baby?
There are two situations in which the mother’s maternity leave can be ‘transferred’ to the father / co-parent if the mother cannot look after the baby:
- if the mother is hospitalised after the birth; or
- in the tragic situation where the mother dies.
What happens if the mother has to stay in hospital?
If the mother is hospitalised during her maternity leave (applicable to employees), the remaining maternity leave can be converted to paternity / co-parent leave if the father is also an employee.
This ‘converted’ leave can only begin:
- as of the seventh day after the baby’s birth; and
- if the baby has left hospital; and
- if the mother is hospitalised for more than seven days.
The father / co-parent needs to inform his employer in writing before the leave begins, indicating when he/she will begin this leave and how long he/she is likely to be absent. As soon as possible, he/she should provide his employer with a medical certificate confirming that the mother will be hospitalised for longer than seven days.
He/she also needs to inform his mutuelle of the situation, and provide them with a medical certificate from the hospital stating:
- the date on which the mother was hospitalised;
- that the mother’s hospitalisation is longer than 7 days; and
- that the baby has left hospital.
The mutuelle will then send the father / co-parent the paperwork that needs to be completed. The leave will be paid by the mutuelle and is fixed at 60% of the father’s salary, with an upper limit of around €126 per day (correct as of September 2012).
During this time, the mother continues to receive her maternity leave pay, and is still protected against being made redundant.
What happens if the mother dies?
If the mother dies during her maternity leave (applicable to employees), the remaining maternity leave can be converted to paternity / co-parent birth leave if the father / co-parent is also an employee.
The father / co-parent needs to inform his/her employer in writing within seven days of the mother’s death, indicating when he/she will begin the paternity / co-parent leave and how long he/she is likely to be absent.
He/she also needs to inform his mutuelle of the situation, and provide them with a death certificate and a statement from the hospital indicating that the baby has been discharged from hospital.
More info
Read more about maternity leave for employees and unemployed mothers on the website of the National Institute for Health and Disability Insurance (French and Dutch).
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