The 2025 government agreement already provided for the introduction of a family credit, aimed at bringing together various types of leave related to the birth of a child under a common framework, such as birth leave, adoption leave, and maternity leave. A draft law has now taken a first step towards this harmonisation by introducing a family credit in addition to the existing leave schemes.
In this newsletter, we provide an overview of the main features of the family credit. As this is currently only a draft law, amendments may still be made during the legislative process.
What is family credit?
Family credit entitles employees to five additional days of leave upon the birth of a child, in addition to birth leave or maternity leave. This entitlement is granted per child. For example, in the event of the birth of twins, parents are entitled to 10 days of family credit.
These days may be taken either in one continuous period or in separate periods within the 12 months following the birth of the child.
In addition, it is stipulated that, by Royal Decree, specific arrangements may be established for certain categories of employees, including:
- part-time employees;
- employees subject to specific working arrangements, such as weekend workers.
Who can benefit from family credit?
Family credit may be taken by one of the child’s parents:
- the father or co-parent who has a legal parent-child relationship with the child;
- the child’s mother.
Where more than one person has a legal parent-child relationship with the child, only one of them may benefit from the family credit. The father or co-parent has priority, but may choose to transfer this entitlement to the child’s mother.
Formalities
To benefit from family credit, the employee must inform their employer in advance and provide a signed statement confirming that they are the sole beneficiary of family credit for the child concerned. Where the father or co-parent transfers their entitlement to the mother, a signed statement confirming such transfer must also be submitted to the employer.
Allowance
Days of family credit are not paid by the employer. Instead, the beneficiary will receive an allowance, the amount and modalities of which will be determined by Royal Decree.
Protection against dismissal and sanctions
The draft law provides for protection against dismissal for employees who take family credit. This protection starts as soon as the employer is informed that family credit will be taken and, at the latest, on the first day of the leave. It ends 13 months after the birth of the child. In the event of a breach of this protection against dismissal, the draft law provides for the payment of a lump-sum indemnity equal to 6 months’ gross salary.
Employees with a fixed-term employment contract or a temporary employment contract also enjoy protection. If, following notification of the family credit, the contract is not renewed, it will be presumed that this decision is related to the taking of family credit. In such case, an indemnity equal to 3 months’ gross salary will be due.
The draft law also introduces new sanctions in the Social Criminal Code for non-compliance with the rules governing family credit
Entry into force and transitional measure
The law will enter into force 10 days after its publication in the Belgian Official Gazette.
However, given that the government announced that the new scheme would apply to children born on or after 1 January 2026, a transitional measure is provided for parents whose child was born during 2026 before the law enters into force. These parents will be able to take family credit within 12 months following the entry into force of the law.
We will, of course, keep you informed as soon as the law is published in the Belgian Official Gazette.