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Leave for the death of a family member (private employee)

Verified 28 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)

You are an employee and would like to know if you can get time off in the event of the death of a family member? Yes, you can obtain leave in case of death of a family member: child, spouse, Civil partnership partner, partner, parent. No seniority conditions are required. The length of the leave varies depending on the status of the deceased. We present you the information you need to know. 

An employee may be granted leave in the event of the death of a member of his or her family, without seniority.

Of treaty provisions specify the number of days of absence you are entitled to in the event of the death of a family member.

In the absence of provisions, you are entitled to a minimum number of days.

The length of the leave varies depending on the status of the deceased.

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General case

Minimum number of days off in case of death of a loved one

Status of the deceased

Time off

Spouse(s), Civil partnership partner or partner

3 days or higher duration if provided for by collective agreement or collective company agreement

Father or Mother

3 days or higher duration if provided for by collective agreement or collective company agreement

Spouse's father or mother

3 days or higher duration if provided for by collective agreement or collective company agreement

Brother or sister

3 days or higher duration if provided for by collective agreement or collective company agreement

Other family member

No day off.

However, collective agreement or agreement applicable in the company may provide for leave in the event of the death of other family members.

For example, 1 day in case of death of a grandparent, brother-in-law or sister-in-law.

FYI  

the days of absence are counted in business days (except for more favourable collective or treaty provisions).

Death of a child

If your child dies, you are entitled to leave 5 daysbusiness or for a longer period if it is provided for by collective agreement or company agreement.

But you are entitled to a 7 daysworked in the event of the death of:

  • Child under 25 years
  • Child, regardless of age, if he was a parent himself
  • No one under 25 at your effective and permanent load

In the event of the death of a child under 25 years of age, you are also entitled to an additional leave of absence bereavement leave a period of 8 days (in addition to the 7-day leave).

The bereavement leave also applies in the event of the death of a person under 25 years of age at your effective and permanent load.

The bereavement leave can be taken on a split basis, i.e. over several periods.

Leave can be taken for up to 2 periods if you are an employee.

Leave may be taken for up to 3 periods if you are a jobseeker, self-employed or self-employed farmer.

Each period of leave must be at least 1 day.

You must take the bereavement leave within one year of the child's death.

The length of your vacation cannot be deducted from the number of days of your vacation.

You have to take the leave in the period when the event occurs, but not necessarily on the same day.

You inform your employer of your absence.

You must provide a proof of death (death certificate) to your employer.

Your vacation days are paid as if they had been worked.

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