Employees going on holiday? You do well to consider the following!

The summer holidays are just around the corner: employees will soon be going on holiday or are making plans to spend time at home or abroad for an extended period of time. But as an employer, what should you take into account when your employees take their holidays? This blog lists the key issues at a glance so you and your employees get to enjoy carefree holidays. 

Company car outings

Chances are some of your employees are heading out on their holidays driving their company car. In that case, they need to comply with the company rules around its use. A clear car policy allows you as the employer to put in place a framework with arrangements detailing who is allowed to drive the car, what to do in case of an accident, theft or damage, but detailing arrangements on refuelling and charging costs at home and abroad. So be sure to check if your car policy is still up to date.

Teleworking on the move

Your employees may combine their holiday - at home or abroad - with telework, provided this is allowed under your organisation’s telework policy. Is the employee normally expected to be at the office several days a week and is this being derogated from? In that case, clear arrangements should be made about this. Moreover, this is not something the employee can decide just by himself.

Does the employee work at a location other than his home, but in Belgium? If so, he needs to comply with your telework policy and he is entitled to the support provided, a possible telework allowance and/or other financial support. 

Does your employee want to perform remote work at a location abroad? This too comes with a number of rules. Under the European framework agreement, cross-border telework, under certain conditions, has no impact on the social security regime that applies to the employee. 

In the case of simultaneous employment in several EU member states, the employer is also required to apply for an A1 declaration of applicable social security for the employee concerned. This confirms the country under whose national social insurance system a worker is covered. The employer is to apply for the A1 document with the competent government department in the country where the employer is located. For Belgium, this is with the RZS (Rijksdienst Sociale Zekerheid or NSSO National Social Security Office). 

What if your employee has an accident whilst performing telework on a structural basis? 

• When an employee works from home on a structural basis and has an accident, this is basically considered a workplace accident. This applies provided the accident takes place at the location(s) and the time specified in the company’s telework policy. 
• If no specific arrangement exists, this presumption applies even if the accident occurs at the usual place where he performs telework (usually at home) and during normal working hours. 

Important to know: an accident that causes an injury in the performance of the employment contract is presumed to have happened due to the performance of the employment contract and is considered an occupational accident, unless the presumptions are disproved.

Sickness whilst on holiday

Does your employee fall ill just before or during their holiday? In that case, the leave days in question may be converted into sick days. This stops those leave days from being forfeited, leaving your employee free to take them up later. Moreover, your employee is entitled to guaranteed salary. Employees who are still sick at the end of the year may carry over the remaining days to the next 24 months. 

For your employee to take advantage of this, he needs to meet the following obligations:

• He is to immediately inform the employer of his whereabouts if he is not at his home address (e.g. if he is abroad). He can do so either by phone or by e-mail.
• He is to provide his employer with a medical certificate, even where the employee handbook or a collective bargaining agreement do not normally require this - and even if it is the first day of incapacity for work. If this is a case of force majeure (e.g. hospitalisation), the medical certificate needs to be entered within a reasonable time span.
• If the employee wishes to take his holidays immediately after his sick period (i.e. consecutive to the holiday period as originally planned), he needs to let the employer know at the time he hands in his medical certificate. Please note that this is a request of the employee - as his employer, you are not under obligation to agree to this.

If the employee fails to comply with the above obligations, he will not be able keep his annual holidays entitlements. In that case, the leave days that overlap with the sick days are forfeited.

Carefully check whether these obligations are included in your employee handbook to correctly inform your employees on this matter. 

Stranded at the holiday destination

If your employee is unexpectedly held up on holiday - e.g. delayed or cancelled flights, extreme weather - it may be that he returns to work later than planned. In such cases, the employer and the employee do well to sit down together and jointly consider how the situation can be practically resolved. Click here for an overview of possible solutions.

Change of plans: postpone or cancel holidays

It may happen that an employee still wants to cancel his planned holiday or move it to a later date, for example due to bad weather at the destination or for family reasons. This requires your consent - and as an employer, you are not under obligation to comply with this request. 

Conversely, the same applies: as the employer, you cannot unilaterally decide to change granted leave days. Changes are possible only if both parties agree. So make sure you communicate clearly and transparently on holidays and leave days to make it a carefree summer period for everyone involved.