Paid leave for COVID-19 vaccination appointments in Belgium

Now that the vaccination campaign is accelerating, the Belgian Chamber of Representatives has adopted a new Act which entitles employees to paid for absence from work to get vaccinated against the COVID-19 virus.

The new Act will enter into force on the day of its publication in the Belgian Official Gazette and will apply until 31 December 2021 (although it can be extended until 30 June 2022). It applies to all employers and employees.

Which period of absence is covered?

Employees are entitled to paid short leave ("klein verlet/ petit chômage") to get vaccinated. The employee has this right for "the period necessary to get vaccinated". This includes the time of the actual vaccination, but also, for example, the time necessary for the employee to travel to and from the location where the vaccination will take place.

The entitlement to short leave applies for each injection required to be "fully" vaccinated.

Does the employee have to provide evidence?

An employee may only use the short leave for the vaccination against COVID-19 and must inform the employer beforehand and as soon as possible of the timeslot for their vaccination appointment.

The employer can request appropriate evidence from the employee. In this regard, it is sufficient for an employee to present the confirmation of the appointment including the time and place where the vaccination takes place.

Where the appointment confirmation does not mention when the employee must be present at the vaccination location, the invitation to the appointment must also be presented by the employee.

Are there any restrictions regarding the processing of personal data by the employer?

Since the employer is gathering sensitive personal data regarding the health of employees, it may only use the information obtained for the purpose of (i) the organization of work and (ii) ensuring proper payroll administration.

Furthermore, the employer is not allowed to take a copy of the appointment confirmation in any form or to manually rewrite the information it contains, with the exception of the time of the appointment.

The employer can register the absence of the employee as short leave but is not allowed to record the reason for the short leave (ie vaccination) or to record that the employee has health problems.