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This section deals with replacement income.
Anyone who is in Belgium legally and satisfies the conditions is covered by sickness insurance.
The requirements are:
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be a member of a mutual benefit association
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have worked for 120 days within a six-month period (include periods of inactivity, such as sickness, paid leave, etc. and periods spent in other Member States – E-104)
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have forwarded the contribution certificates issued to your mutual benefit association
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undergo checks organised by the mutual benefit association and have evidence of insurance.
Sickness notification procedure
Ask the employer about any specific schemes. See also the company's rules of procedure.
If you are sick you (generally) have to provide the mutual benefit association with a doctor's certificate by the second day. If you do this later, statutory sick pay will only be paid from that date.
The company must be notified of any sickness by 10:00 on the first day you are sick.
Sickness and invalidity insurance provides wage-replacing benefits for employees whose work is interrupted by unfitness for work.
Important aspects include: the difference between the contracts for manual and white-collar workers, did the sickness begin in the first month of the contract or later, and the length of the contract. The 'grace day' (day without paid benefit) is not paid, unless agreed otherwise in a collective labour agreement.
The scheme for manual workers
Accident or sickness in private life
Until the workman (or woman) has been in service for a month, he is not entitled to any guaranteed wage in the event of unfitness to work, but is likely to be entitled to benefit from the mutual benefit association. If the month is reached during the sickness, then benefit is paid. If the sickness lasts less than 14 days, then the first day's sickness is not paid. This is known as the 'grace day'.
If the workman has worked for at least one month, he will receive sickness benefit of 100% for the first and approximately 85% for the 2nd-4th week. After the 30th day up to one year, the benefit is paid by the mutual benefit association (55-60%). Thereafter the worker is deemed to be disabled.
The scheme for white-collar workers
Accident or sickness in private life
or a white-collar worker who is hired for fewer than three months and has not reached one month's seniority, the mutual benefit association pays directly for unfitness to work during this first month.
A white-collar worker who is hired for fewer than three months and has at least one month's seniority is covered by the same scheme as manual workers with similar percentages. The 'grace day' applies to white-collar workers on probation.
A white-collar worker hired for at least three months is entitled to his normal pay for the first 30 days.
Guaranteed pay and annual leave
An employee (white-collar or manual worker) who is sick whilst on leave does not receive any guaranteed pay during this period.
If the period of unfitness for work begins before the annual leave, a distinction will be made between manual and white-collar worker and between individual and collective leave.
The employer must pay the guaranteed pay to a white-collar worker who becomes sick before his leave (individual or collective) or a manual worker who becomes unfit for work before his individual leave, while leave that coincides with the sickness may be carried forward.
The insurance institution pays a worker who becomes sick before the collective closure directly for the days' sickness that coincide with collective leave days.
Make inquiries with the employer and the mutual benefit association in good time.
No rights can be derived from this text.
Text last edited on: 08/2006
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.
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