Sonia is employed in a consulting firm. As Ramadan approaches, she would like to take a few days off to rest and enjoy the last days of the month as well as Eid. She wonders if she has the right to take these days off and if the legislation provides for specific leave for religious holidays.

What does the law say?

The law of January 4, 1974, and its implementing decree of April 18, 1974, establish ten (10) official public holidays in Belgium:

• 1st January (New Year’s Day);
• Easter Monday;
• 1st May (Labor Day);
• Ascension Day;
• Whit Monday;
• July 21 (National Day);
• August 15 (Assumption);
• 1st November (All Saints’ Day);
• November 11 (Armistice Day);
• December 25 (Christmas).

The Royal Decree of November 19, 1998, concerning leave and absences granted to members of State administration staff refers to this law regarding the application of these public holidays for public sector workers.

There are no official public holidays in Belgium for other religious celebrations, including Eid or Ramadan. Despite several legislative proposals aimed at establishing floating holidays, these initiatives have not been successful.

However, Muslim workers wishing to be absent for religious reasons have several options:

1. Take legal leave:

• • Private sector : According to Article 3 of the coordinated law on annual leave for salaried workers, employees are entitled to at least twenty-four (24) days of leave per year, depending on their professional activity in the previous year. It is also possible that additional days of leave for circumstances such as religious holidays are provided by employers through collective labor agreements, work regulations, or employment contracts.
  • Public sector: The law of December 14, 2000, also provides a minimum of twenty-four (24) days of annual leave for public servants.

2. Negotiate unpaid leave:

In the absence of remaining leave days, the employer may grant unpaid leave or a modification of work schedules.

Protection against discrimination:

Article 7 of the law of May 10, 2007, aimed at combating certain forms of discrimination prohibits an employer from refusing leave solely because of an employee’s religious beliefs. This would indeed constitute direct discrimination. (See practical guide)

However, the employer may refuse a request for legal or unpaid leave for objective and legitimate reasons, such as:

• A lack of staff during this period;
• A need for service continuity (especially in the public sector);
• The specificity of certain tasks;
• The proper functioning of the structure.

It is therefore preferable to anticipate and discuss it as early as possible with the employer in order to best organize the distribution of leave.

What should I do?

• Communicate the current legislation to the employer.
• Contact the union delegation, the Committee for Prevention and Protection at Work (CPPT) or any other worker representative in your company in case of disputes.
• Contact UNIA to report discrimination.
• Contact the CCIE’s legal department, which will support you at every stage.

Applicable references:

• Article 19 of the Belgian Constitution
• Article 9 of the ECHR
• Law of May 10, 2007 to combat certain forms of discrimination.
• Law of January 4, 1974, on public holidays
• Coordinated law of June 28, 1971, on annual leave for salaried workers
• Law of December 14, 2000, establishing certain aspects of the organization of working time in the public sector
• Royal Decree of November 19, 1998, on leave and absences granted to members of State administration staff
• Royal Decree determining the general implementing procedures for the law of January 4, 1974, on public holidays