Workers on infertility treatment or medically assisted reproduction are protected against

Workers on infertility treatment or MAR are protected against dismissal. For a period of 2 months after the announcement of the treatment, the employer can only terminate the employment contract for reasons unrelated to the treatment.

When they return to work, workers also have the right to be reinstated in their job (or a similar position).

Context

Until now, Belgian legislation did not provide for a specific protection against dismissal for workers on infertility treatment or MAR.

In the case of a MAR, which is obviously aimed only at female workers, they had to (indirectly) use anti-discrimination legislation and the gender criterion to obtain some protection.

Now, through a law adopted on 24 March 2024, the Belgian legislator introduced a specific protection for workers undergoing these treatments.

Protection against dismissal

From now on, workers who inform their employer of the existence of infertility treatment or MAR will be protected against dismissal for a period of 2 months from the date on which the treatment is disclosed by providing a medical certificate.

During this period, the employer may only terminate the employment contract for reasons unrelated to the treatment. The burden of proof is on the employer, and the worker may request that these reasons be communicated in writing.

If the employer fails to provide such proof, he must pay a lump sum equal to six months' gross salary.

Right to be reinstated in their job (or a similar position)

From now on, a worker who is absent to undergo infertility treatment or MAR will have the right, on her return to work, to be reinstated in her job (or a similar position) and to benefit from the conditions and rights to which she would have been entitled to is she was not absent. 

Failure to comply with these guarantees constitutes unlawful discrimination, which could lead to an indemnity equal to six months' salary, and which may be added to the indemnity relating to the protection against dismissal.

Source : Act of 24 March 2024 amending the Labour Act of 16 March 1971 on labour and the Act of 10 May 2007 on combating discrimination between women and men, with a view to introducing protection for workers absent from work for infertility treatment or medically assisted reproduction, B.O.G., 18 April 2024.