In Belgium, fathers and partners are entitled to 15 days of paid paternity leave (geboorteverlof / congé de naissance) following the birth of a child. Reformed in November 2019, the new system replaced the previous three-day birth leave with a substantially longer and better-paid entitlement. The leave must be taken within four months of the birth and is paid at 82% of the employee's salary, subject to a monthly cap, by the National Institute for Social Security (RVA/ONEM).

Statutory entitlement

15 days of paternity leave paid at 82% of salary (capped at approximately €6,700 per month). Must be taken within 4 months of the birth. The 15 days include 3 days of mandatory birth leave immediately after birth, plus 12 additional days of corona leave (ouderschapsverlof / congé de paternité).

Eligibility

All fathers and co-parents (married, cohabiting, or not) are entitled to paternity leave. Employees must notify their employer at least 7 days before taking the 12 additional days (the 3 birth days are taken as needed). Self-employed persons have a separate entitlement.

Employer obligations

  • Grant 15 days of paternity leave to all employees following the birth of a child.
  • Pay the first 3 days of birth leave (congé de naissance) at the employee's normal salary.
  • Pay the remaining 12 days at 82% of salary and claim reimbursement from the RVA/ONEM.
  • Protect the employee from dismissal from the moment paternity leave is requested.
  • Allow the employee to take the 12 additional days flexibly — full-time, half-time, or one-fifth time — within 4 months of the birth.

Employee rights

  • Right to 15 days of paid paternity leave (3 days birth leave + 12 days birth leave reform).
  • Right to 82% pay for the 12 reform days (first 3 days at full salary).
  • Right to take the 12 additional days flexibly (full-time, part-time, or one-fifth time) within 4 months of birth.
  • Right to protection from dismissal during the paternity leave period.
  • Right to return to the same position after paternity leave.

Common pitfalls

  • Confusing the old 3-day birth leave with the new 15-day entitlement — the reform significantly expanded the right.
  • Not giving 7 days' notice for the 12 additional days — employers need advance notice to arrange cover.
  • Missing the 4-month deadline — all 15 days must be taken within 4 months of the birth.
  • Not understanding the flexible working arrangement — the 12 additional days can be taken full-time, half-time, or one-fifth time over the 4-month period.

How paternity leave is structured

Paternity leave consists of two parts: 3 days of traditional birth leave taken immediately after the birth at full salary, and 12 additional days introduced by the 2019 reform paid at 82% of salary. The 12 additional days must be taken within 4 months of the birth and can be taken flexibly — as full days, half-days, or as a one-fifth-time arrangement spread over a longer period.

Payment and reimbursement

The first 3 days are paid by the employer at the employee's normal salary. The remaining 12 days are paid by the employer at 82% of salary and the employer is reimbursed by the RVA/ONEM. The 82% rate is subject to a monthly earnings cap.

Adoption and same-sex couples

The same 15-day entitlement applies to adoptive parents and to the non-birthing parent in same-sex couples. The leave must be taken within 4 months of the adoption or birth.

Frequently asked questions

Can I take paternity leave flexibly?

Yes. The 12 additional days (beyond the 3 birth days) can be taken full-time, half-time, or at one-fifth of normal working time. All 15 days must be taken within 4 months of the birth.

Is paternity leave paid by the employer or the state?

The first 3 days are paid by the employer at full salary. The remaining 12 days are paid by the employer at 82% and then reimbursed by the RVA/ONEM.

Do adoptive parents get paternity leave?

Yes. Adoptive parents are entitled to the same 15 days of leave within 4 months of the adoption being finalised.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.