Belgian maternity leave runs on a simple structure: 15 weeks of leave, paid through the employee’s mutuality fund (mutuelle/ziekenfonds), with an employment ban that applies before and after birth. The employer’s direct financial obligation is minimal — the mutuality pays the allowance — but the employer must respect the ban, preserve the position, and manage the return-to-work process.

This guide covers Belgian maternity leave in 2026: the 15-week entitlement, how the mutuality payment works, the employment ban periods, employer obligations, and the return-to-work rights that protect the employee after leave.

Key takeaways

The employee is entitled to 15 weeks of maternity leave, which can begin up to 7 weeks before the expected due date.
The mutuality fund (mutuelle/ziekenfonds) pays the maternity allowance — 82% of gross salary subject to a daily ceiling.
An employment ban (interdiction de travail) applies from the start of the pre-birth leave until 15 weeks after birth (the full 15-week leave period).
Employers must preserve the employee’s position, respect the employment ban, and cannot dismiss the employee during the protected period.
The employee has the right to return to their original position or an equivalent role with no loss of seniority or benefits.

The 15-week entitlement

Under the Belgian Act on Employment Protection and the Royal Decree on maternity leave, the leave structure is:

7 weeks before the expected due date — the employee can start leave up to 7 weeks before the due date. The exact start date is flexible within this window.
8 weeks after birth — the leave continues after the child is born, for a minimum of 8 weeks following the birth.
Total: 15 weeks — the full entitlement is 15 weeks regardless of when the leave starts relative to the birth.

The leave is a continuous block. It cannot be taken in separate periods or on a part-time basis.

Timing example

Scenario	Pre-birth leave	Post-birth leave	Total
Standard (starts 7 weeks before due date)	7 weeks	8 weeks	15 weeks
Late start (4 weeks before due date)	4 weeks	11 weeks	15 weeks
Early birth (5 weeks before due date)	Remaining pre-birth leave	8 weeks + balance	15 weeks

If the child is born before the leave starts, the remaining pre-birth leave is added to the post-birth leave, preserving the full 15-week entitlement.

How the mutuality payment works

Belgian maternity leave is funded through the employee’s mutuality fund (mutuelle in French, ziekenfonds in Dutch) — the health insurance fund to which the employee is affiliated. Under the Royal Decree on maternity allowances:

The allowance is 82% of the employee’s gross daily salary, subject to a daily ceiling set annually.
For 2026, the daily ceiling is approximately €65.03 per day, which translates to a maximum monthly allowance of approximately €1,950.90.
The allowance is exempt from social security contributions but subject to a small solidarity contribution.

Worked example: mutuality payment

An employee earning €3,000 gross per month (€138.46 gross per day):

82% of €138.46 = €113.54 per day
Over 15 weeks (105 days): €11,921.70 total allowance

An employee earning €5,000 gross per month (€230.77 gross per day):

82% of €230.77 = €189.23 — but capped at the daily ceiling of €65.03
They receive €65.03 per day (the ceiling), not €189.23
Over 15 weeks: €6,828.15 total

Who processes the payment?

The employee applies to their mutuality fund, not the employer. The employer’s role is to:

Provide the employer’s certificate (attestation de l’employeur) confirming the employment, salary, and expected due date.
Continue making employer social security contributions during the leave period.
Not advance salary — the mutuality pays the employee directly.

Some employers supplement the mutuality payment to bring the employee closer to their full salary. This is voluntary and must be specified in the employment contract or collective bargaining agreement.

The employment ban

Belgium’s maternity leave includes an employment ban (interdiction de travail) — a prohibition on working during the leave period. Under article 39 of the Act on Employment Protection:

The ban applies from the start of the pre-birth leave until the end of the post-birth leave (15 weeks total).
During this period, the employee cannot work — not even voluntarily or with the employer’s consent.
If the employee works during the ban, the mutuality allowance may be suspended and the employer faces sanctions.

The employment ban is absolute. There is no mechanism to waive it, even if the employee wants to return early.

What happens after the 15 weeks?

After the 15-week leave ends, the employment ban is lifted and the employee has the right to return to work. However, the employee is protected from dismissal for a further period — see the return-to-work rights section below.

Employer obligations

Belgian employers have specific duties during and around maternity leave:

1. Provide the employer’s certificate

The employer must complete and provide the attestation de l’employeur (employer’s certificate) to the employee’s mutuality fund. This certificate confirms the employment relationship, the employee’s salary, and the expected due date. It must be provided promptly so the mutuality can process the allowance.

2. Preserve the position

The employee’s position must be held open for the duration of the leave. The employee returns to the same role, or an equivalent position if the original role no longer exists, with no loss of seniority, pay grade, or benefits.

3. No dismissal during the protected period

Under article 39 of the Act on Employment Protection, the employee cannot be dismissed during the leave period or for a period of 15 weeks after the birth (the full protected period). Dismissal during this period is void unless the employer can demonstrate grounds completely unrelated to the pregnancy or leave.

4. Continue employer contributions

The employer must continue making employer social security contributions during the leave period, even though the mutuality pays the allowance to the employee. These contributions are based on the employee’s salary before the leave.

5. Risk assessment and adjustment

Under Belgian workplace safety legislation, the employer must assess risks to the pregnant employee and adapt working conditions where necessary. This includes adjusting tasks, working hours, or workplace environment to eliminate or reduce risks to pregnancy and breastfeeding.

Return-to-work rights

After the 15-week leave ends, the employee has specific rights:

1. Right to return to the original position

The employee has the right to return to their original position or an equivalent role with the same pay, benefits, and seniority. The employer cannot impose a demotion or transfer as a consequence of the leave.

2. Protection from dismissal

The employee is protected from dismissal for 15 weeks after the birth (the full protected period). Dismissal during this period is void unless the employer can prove it is entirely unrelated to the pregnancy or leave.

3. Flexible return arrangements

Some collective bargaining agreements provide for flexible return arrangements — such as a gradual return to full-time hours or adjusted working conditions for breastfeeding. These are governed by the applicable sectoral agreement, not the general maternity leave legislation.

4. Breastfeeding breaks

After returning to work, the employee is entitled to paid breastfeeding breaks — typically 1 hour per day (split into two 30-minute breaks) for the first 9 months after birth. These breaks are paid by the employer and are in addition to regular rest periods.

Common pitfalls

1. Assuming the employer pays the allowance

The mutuality fund pays, not the employer. Employers who advance salary during the leave create unnecessary cash flow problems and may not recover the amounts correctly.

2. Processing dismissal during the protected period

The protected period extends until 15 weeks after the birth — not just the end of the leave. Employers who process dismissals immediately after the employee returns are still within the protected period and face void-dismissal risk.

3. Not providing the employer’s certificate promptly

The mutuality cannot process the allowance without the employer’s certificate. Delays in providing the certificate delay the employee’s payments and create goodwill issues.

4. Ignoring the employment ban

The ban applies from the start of pre-birth leave until the end of post-birth leave. Scheduling the employee for shifts during this period — even if the employee offers to work — is non-compliant.

For more context, see our guides to annual leave entitlements in Europe and types of leave.

Frequently asked questions

How long is maternity leave in Belgium?

Maternity leave in Belgium is 15 weeks — up to 7 weeks before the expected due date and at least 8 weeks after birth. The total cannot be reduced.

What percentage of salary does the mutuality pay?

The mutuality pays 82% of the employee’s gross daily salary, subject to a daily ceiling. For 2026, the daily ceiling is approximately €65.03.

Can an employee work during the employment ban?

No. The employment ban (interdiction de travail) applies from the start of the pre-birth leave until the end of the 15-week leave. The employee cannot work, even voluntarily, during this period.

Can an employer dismiss a pregnant employee?

No. Dismissal is void from the start of the leave until 15 weeks after the birth, with narrow exceptions for serious misconduct unrelated to the pregnancy.

What happens if the baby is born early?