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This is the temporary interruption of the provision of labour without breaking
the contractual link between company and employee.
Suspension of the contract
renders the obligations of both parties without effect: working and remunerating
the work.
Workers are entitled to be reinstated in the job they occupied once
the causes underlying the suspension cease.
Causes of Suspension
Temporary invalidity, maternity or paternity, risk to women workers during
pregnancy, adoption or pre adoptive or permanent fostering of children under six
years of age, enforced leave of absence, exercise of a representative public
position, exercise of the right to strike, suspension of employment and pay for
disciplinary reasons.
Temporary Invalidity
Protects the situation of a worker who is unable to work and in need of
medical assistance for any of the following reasons:
- common illness or work
related illness
- accident, work-related or not
- periods of observation for
occupational diseases
In order to receive the benefit for temporary invalidity,
in the case of common illness, the worker must have paid 180 days' contributions
during the five years immediately preceding the date of the medical leave. The
benefit shall be paid for the duration of the temporary invalidity, for a
maximum of 12 months, extendable by another six.
Maternity and Paternity
A woman's employment may be suspended on the grounds of maternity for 16
uninterrupted weeks, which may be extended by two weeks for multiple births for
each child from the second child onwards. This period is distributed at the
choice of the person concerned, provided that six weeks fall immediately
subsequent to the birth.
Independently of this obligatory post-birth time off
for the mother, if both parents work the latter may opt for the father to take a
particular uninterrupted part of the time off subsequent to the birth.
Adoption or Fostering
In cases of adoption or fostering, whether pre-adoptive or permanent, of
children of up to six years of age, the time off will last for 16 uninterrupted
weeks, extendable in the case of multiple adoption or fostering by two weeks for
each child from the second child onwards.
Time off shall count, at the
employee's choice, either from the administrative or legal decision on
fostering, or from the court judgment establishing adoption.
The duration of the
time-off will also be 16 weeks in the case of adoption or fostering of children
over six years of age when they are disabled or physically handicapped minors
who, because of their personal circumstances and experience or because they come
from another country, have special difficulties in integrating into social and
family life, duly certified by the competent social services.
When, in cases of
international adoption, the parents previously have to travel to the country of
origin of the adoptive child, the period of time off provided for each case may
begin up to four weeks prior to the judgment establishing the adoption.
Extended Leave of Absence
Extended leave of absence means a situation where the employment contract is
suspended at the employee's request, and may be:
Obligatory
The company must grant such leave and must keep the job open; the period
concerned is considered to have been worked for the purposes of calculating
length of service.
- Causes: appointment or election to public office or the performance of
provincial or broader trade union duties.
Voluntary
At least one year's length of service in the company is required. The right
to keep the job is not recognised, but priority is given when there is a
vacancy. The duration is between two and five years. This right may only be
exercised again by the same worker if four years have elapsed since the end of
the previous extended leave of absence.
Care for Members of the Family
Extended leave of lbsence to care for members of the family has a maximum duration of three years to care for each child, whether natural or by
adoption or fostering, whether permanent or pre-adoptive, counting from the date
of birth or, where applicable, from the legal or administrative judgment.
Employees will also be entitled to extended leave of absence of one year,
which may be extended by mutual agreement, to care for a blood relation or
relation by marriage up to the second degree, who for reasons of age, accident
or illness cannot look after themselves and do not perform paid work.
Text last edited on: 06/2005
Source: European Union
© European Communities
Reproduction is authorised.
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