Belgium and Europe disagree on sick leave during holidays

What happens to an employee’s entitlement to sick leave when he falls ill while on holiday? According to Belgian legislation, when one gets sick before the start of their holiday, they must first recover before the holiday can officially start. If one falls ill after their holiday has already started, that is tough luck and the employee will not be compensated for the lost days due to illness.

European legislation is more lenient: In 2012 the European Court of Justice ruled that a worker has a right to compensation for the days lost due to illness, even during a holiday period. Belgian legislation has not yet adapted to the European law. Even though European law trumps Belgian law in principle, the reality is that employees in Belgium are still subject to Belgian rules when it comes to sick leave.