Belgium: Temporary unemployment due to the closure of a nursery, a school or a reception center for disabled people

Submitted by siha on Thu, 11/05/2020 - 20:30
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Federal Public Service Employment, Labor and Social Dialogue (30.10.2020). The law of 23 October 2020 extends, as October 1st, to salaried workers the benefit of the temporary unemployment scheme for force majeure due to corona in the event of the closure of the school, daycare or reception center for disabled people of their child introduced.

measures summary

Salaried workers, who have to be absent from work due to the closure of the school, daycare or reception center for disabled people of their child due to measures in place related to COVID-19, are entitled to temporary unemployment benefits payable by ONEM, and to a supplement of 5.63 euros per day from October 1, 2020 to December 31, 2020. Initially, it was proposed to extend the regulation relating to corona parental leave which was applicable until September 30 for these situations, but this proposal was transformed into temporary unemployment.

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The law of 23 October 2020 extending to salaried workers the benefit of the temporary unemployment scheme for force majeure corona in the event of the closure of the school, daycare or reception center for disabled people of their child introduced, from the October 1, 2020, a right to temporary unemployment due to force majeure corona for workers when the school, daycare or reception center for people with disabilities has to close because of the corona.

Initially, it was proposed to extend the regulation relating to corona parental leave which was applicable until September 30 for these situations but this proposal was transformed into temporary unemployment.

Workers can benefit from this new regulation from October 1, 2020 to December 31, 2020. A royal decree can extend the duration of the measure.

The system gives the worker the right to be absent from work without maintaining his remuneration in the event that:

  • a minor child living with him cannot attend his nursery or his school because the nursery, the class or the school closes because of corona;
  • he has a dependent disabled child (regardless of the age of this child) and that this child cannot go to a care center for disabled people because this center is closing due to corona;
  • he has a dependent disabled child (whatever the age of this child) and that this child no longer benefits from an intramural or extramural service or treatment organized or approved by the Communities because this service or this treatment is interrupted due to the corona.

The reason why the child cannot attend the nursery, school, reception center or services for disabled children must be the consequence of the temporary closure or interruption of services following a measure to limit the spread of the corona virus. It may also involve the partial closure of a school or reception center (for example, only certain classes in a school may be closed) or the partial disruption of services for children with disabilities.

The worker maintains this right as long as the child cannot return to the nursery, school or reception center for disabled people. The worker who makes use of this right must immediately inform his employer. The worker must send the employer a certificate from the nursery, school or reception center for disabled people. This certificate confirms the closure of the establishment concerned or of the class due to the coronavirus. This certificate also mentions the period during which the closure applies.

During this period of temporary unemployment, the worker can call on temporary unemployment benefits payable by the ONEM and a supplement of 5.63 euros per day of unemployment.