In Belgium, employees who are unable to work due to illness are entitled to guaranteed pay (gewaarborgd loon / salaire garanti) from their employer for a specified period, followed by disability benefits (invaliditeitsuitkering / indemnité d'invalidité) from the health insurance fund (mutualiteit / mutuelle). The duration of guaranteed pay depends on the employee's status and length of service.

Statutory entitlement

Guaranteed pay from employer: 30 days for white-collar workers (first month of illness). For blue-collar workers: 7 days at 100% and 14 days at 85.5%. After guaranteed pay ends, disability benefits from the mutualiteit/mutuelle at 60% of capped salary.

Eligibility

All employees are entitled to guaranteed pay during the initial period of illness. Disability benefits require membership in a mutualiteit/mutuelle and a medical certificate from a treating physician.

Employer obligations

  • Pay guaranteed salary during the initial period of illness.
  • Complete the incapaciteit certificaat / certificat d'incapacité de travail and submit it to the mutualiteit/mutuelle.
  • Not dismiss the employee during the guaranteed pay period (protected period).
  • Maintain the employee's position during sick leave.
  • Allow the employee to return to work after recovery with a fitness certificate.

Employee rights

  • Right to guaranteed pay during the initial period of illness.
  • Right to disability benefits from the mutualiteit/mutuelle after the guaranteed pay period.
  • Right to protection against dismissal during the guaranteed pay period.
  • Right to return to the same position after recovery.

Common pitfalls

  • Not submitting the incapacity certificate on time — employers must submit the certificate to the mutualiteit/mutuelle promptly to avoid delays in disability benefit payments.
  • Confusing white-collar and blue-collar guaranteed pay — the duration and rate differ significantly.
  • Not maintaining the employee's position during the protected period — dismissal during this period is prohibited.

Guaranteed pay period

White-collar workers receive their full salary for the first 30 days of illness. Blue-collar workers receive 100% for the first 7 days and 85.5% for days 8–21. After the guaranteed pay period, disability benefits take over.

Disability benefits

After the guaranteed pay period, employees receive disability benefits from the mutualiteit/mutuelle at 60% of capped salary. The benefit amount depends on the employee's family situation and previous earnings.

Return to work

Employees must obtain a fitness certificate from their treating physician before returning to work. The employer can require a medical examination by the company doctor.

Frequently asked questions

How long does the guaranteed pay period last?

For white-collar workers, 30 days at full pay. For blue-collar workers, 7 days at 100% and 14 days at 85.5%.

Can an employer dismiss an employee during sick leave?

During the guaranteed pay period, dismissal is prohibited. After this period, the employee is protected by general dismissal rules, but dismissal solely for illness may be considered unfair.

Who pays disability benefits?

Disability benefits are paid by the mutualiteit/mutuelle (health insurance fund), not by the employer.

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.