RECENT CHANGES IN TIME CREDIT AND LEAVE

1.A Royal Decree of 26 January 2023 amended various Royal Decrees on time credit, thematic leave and career breaks (M.B.31 January 2023).

In particular, it amends the Royal Decree of 12 December 2001 in execution of Chapter IV of the Law of 10 August 2001 on the reconciliation of employment and quality of life concerning the time credit system, the career reduction and the reduction of part-time work benefits as provided for in CLA no. 103.

This 2001 decree laid down the conditions and procedures for granting interruption allowances at the expense of the Onem.

The 2023 Order abolishes certain rights and makes the conditions for the granting of these allowances stricter.

2.For example, some of the rules on time credit without a reason are changed.

An employee who completely suspends his work and takes a full-time time credit is entitled to interruption allowances if he can prove full-time employment with his employer during the 12 months preceding the application or part-time employment during the 24 months preceding the written warning to the employer.

Interruption allowances are granted to workers who reduce their working hours to half-time and take a ½-time credit if they can prove that they have been employed in the company full-time during the 12 months preceding the application to the employer.

The increased allowance for full-time or half-time credit, which was granted to workers who had a minimum of 5 years' service with the employer, is abolished.

The same applies to the increased allowance for time credit and thematic leave schemes for workers over 50.

3.Some rules on time credit for childcare are also changed.

The decree increases the required seniority.

Thus, as of 1^er On 1 June 2023, the worker will have to prove 36 months' seniority with his or her employer, instead of 24 months, in order to receive benefits in the context of time credit for childcare, whether full-time, ½ time or 1/5 time.

However, this seniority will not be required if the time credit is taken directly after the parental leave entitlement has been exhausted for all children for whom the entitlement exists.

The decree also reduces the maximum period for which benefits can be granted.

The maximum period during which the worker can receive benefits in the context of a time credit for childcare, which was 51 months, is reduced to 48 months for all time credits (full-time, half-time, 1/5-time).

Finally, the decree reduces the age of the child in the case of a full-time time credit.

Workers who suspend their work benefits completely in order to care for their child until the age of 5 are entitled to an interruption allowance of up to 48 months.

Thus, in the case of full-time time credit, the worker can only receive benefits if the child is less than 5 years old when the leave is taken.

On the other hand, the age limit of 8 years is maintained for half-time and one-fifth-time credit.

The period of suspension or reduction of work benefits requested or the period of extension must begin before the child reaches the age of five or eight.

4.These new rules apply to all claims made to the employer from 1 January 2010.^er February 2023, except for the change in the 36-month seniority requirement for time credit for childcare, which will apply from 1 February 2023.^er June 2023.