Grief leave - More time to grieve?
On July 25, 2021, the Law of June 27, 2021 to extension of bereavement leave upon the death of a partner or child and to flexibilizing the take-up of bereavement leave (BS July 15, 2021) into effect.
The old regulations on bereavement leave dated back to 1963 and provided for far too short a period to grieve. With the new regulations, bereavement leave was expanded and its uptake was made more flexible, both for employees, and self-employed, and civil servants.
But what exactly does this mean and what are you entitled to in the event of a death?
Employees and officials
For employees and civil servants, bereavement leave is governed by separate regulations, but it runs roughly the same. Mourning leave is a form of minor leave or circumstance leave.
For an employee or civil servant, this means that he is entitled to be absent from work with his normal pay, on the occasion of family events such as a death. The duration of mourning leave depends on the family relationship with the deceased.
Spouse, cohabiting partner and child
Previously, bereavement leave - for the death of the spouse or cohabiting partner, of a child or "plus child" or of a foster child in long-term foster care - consisted of three days. However, the legislature did not consider this sufficient for the grieving and coping process of those involved. With the act of June 27, 2021, the the bereavement leave increased to 10 days. The first 3 days should be used during the period between the death and the funeral. The remaining 7 days can be taken within one year from the date of death.
Parents
In the event of the death of a parent, a foster parent (in the context of long-term foster care), a stepparent, or a parent-in-law of themselves or their spouse or cohabiting partner, the employee is entitled to three days of bereavement leave.
Grandparents, brothers, sisters and grandchildren
On the death of brothers and sisters, brothers and sisters-in-law, grandparents and grandchildren or children-in-law, of himself or his spouse or cohabiting partner, a distinction is made as to whether they live with the employee or not. If they resident one gets 2 days bereavement leave, if they non-resident one gets 1 day bereavement leave.
Foster child in short-term foster care
Upon the death of a foster child in short-term foster care at the time of death, the employee will only receive one day, namely the day of the funeral.
The employee may, at his request, mutually agree with his employer on an alternative period of mourning.
Self-employed
The law provides a different arrangement for the self-employed. They receive, when they temporarily interrupt their professional activity due to a death, a 10-day benefit assigned.
It must be the death of their spouse or cohabiting partner, a natural child or adopted child of themselves or their spouse or cohabiting partner, or the death of a foster child in long-term foster care.
The amount of the benefit is determined on the basis of a 10-day period of work interruption. Both self-employed workers and helpers and assisting spouses are entitled to this benefit.
Would you like more information about this or to be assisted by a specialized lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00.
