In short
- In Belgium, there is no breastfeeding leave, but there is a legal right to breastfeeding breaks (CAO No. 80).
- The employer must provide a suitable space that complies with the Code.
- Notification, certificate, and reimbursement for breaks require some administration.
In Belgium, there is no breastfeeding leave. However, there is a legal right to breastfeeding breaks—and an obligation for employers to provide a space for them. These two aspects are often confused, leading to complications when an employee returns from maternity leave.
This article outlines what the pumping rights entail, which administrative steps are involved, who covers the costs, and what requirements the space must meet. Working in the Netherlands? Different rules apply — read Is a pumping room mandatory? and Pumping room requirements.
Breastfeeding leave does not exist, but breastfeeding breaks do
Let’s start with the most common misconception. Belgian law does not grant a right to paid breastfeeding leave. An employee who, after maternity leave, wishes to stay home longer to breastfeed falls back on unpaid leave, parental leave, or time credit—or on an arrangement agreed upon in your sector or company.
What is legally regulated are the breastfeeding breaks: the right to interrupt work to breastfeed or express milk. This right is outlined in Collective Labour Agreement (CAO) No. 80, signed in the National Labour Council and declared generally binding by royal decree. It therefore applies to the entire private sector, regardless of what your employment regulations state.
How much break, and how long?
The right lasts until nine months after the child’s birth. Within that period, the number of breaks depends on the length of the workday:
| Effective performance during working hours | Right to |
|---|---|
| At least 4 hours | 1 break of half an hour |
| At least 7.5 hours | 2 breaks of half an hour each |
If an employee is entitled to two breaks, they may split them or combine them into one hour. The timing of the break should be agreed upon with the employee. Make this agreement in writing and early, as this is exactly where later disputes arise.
An important detail: the break may be used to pump breast milk or to actually breastfeed. In the latter case, the child must be near the workspace. In practice, it’s almost always about pumping.
Who pays for the breastfeeding breaks?
This is the point where Belgian and Dutch employers most often differ — and where many Belgian employers are pleasantly surprised.
You do not pay for the breaks. The break hours are unpaid by the employer; the employee receives a benefit from her health insurance fund worth 82% of the gross salary applicable to those hours. You provide the necessary salary data for this.
The cost for your organization lies not in the breaks themselves, but in the space and the productive hours lost. This makes the calculation simpler than many employers assume: it’s about a one-time investment in a suitable space, not a recurring wage cost.
Administrative matters: notification and certificate
Prior notification
The employee informs you in writing that they wish to include breastfeeding breaks, ideally two months in advance. This is done via registered mail or with a receipt. You can agree on a shorter notice period — and in practice, this is often sensible, as the need only becomes clear towards the end of maternity leave.
The proof
The employee must prove that they are breastfeeding. This can be done with:
- a certificate from Kind en Gezin (in Wallonia and Brussels: ONE);
- a medical certificate;
- a certificate from a recognized midwife — an option that was later added to CAO nr. 80 and significantly lowers the threshold for many mothers.
This proof must be submitted monthly again on the date you both agree upon. Include this in your internal procedure, otherwise, everyone will forget after month two.
What you as an employer internally establish
Three things you want documented before the first request comes in: who receives the notification, how the space is reserved, and how monthly attestations are followed up. That’s a single A4 sheet’s worth of work, and it saves you from having the same discussion repeatedly.
A ready-made template for this procedure — with a Belgian and a Dutch variant — is available in drafting a breastfeeding policy.
The space: what the Code literally requires
This is where it becomes concrete, as this is the part where you need to arrange something. The Code on Work Well-being, Book III, Title 1 explicitly includes a room for pregnant employees and employees who breastfeed as mandatory social facilities — in the same category as sanitary facilities, canteen, and restroom (art. III.1-39).
Article III.1-62 describes what that local facility must comply with. The employer provides a discreet and enclosed room where the employee:
- breastfeeding, provided the presence of the child at the workplace is not prohibited based on risks;
- Milk can be milked and stored under hygienic conditions
The same article requires that the room is equipped with a facility to wash hands. And for pregnant employees, there must be a place to rest in a lying position in comfortable conditions.
Pay attention to two words in that text. "Discreet" means that an employee should be able to use the space without half the department noticing — a glass meeting room with a curtain does not meet this requirement. "Enclosed" means a real door that can be closed, not a screened-off corner.
What the Code does not explicitly state, but matters in practice
The legal text does not specify minimum dimensions for this specific room, but the general provisions from the same title apply in full. For instance, article III.1-6 stipulates a minimum height of 2.5 meters for workspaces, and article III.1-34 sets requirements for indoor air quality: the CO₂ concentration should generally remain below 900 ppm, or at least 40 m³ of fresh air per hour per person present must be supplied.
This ventilation requirement is precisely why a tightly sealed broom closet is not a solution. A small, fully enclosed space without mechanical ventilation quickly exceeds that limit within twenty minutes — and a pumping session can easily last half an hour.
Belgium versus Netherlands: the differences in one table
If you work in both countries, this is the table you want to print. The underlying principle is the same, but almost every detail differs.
| Belgium | Netherlands | |
|---|---|---|
| Legal basis and duration | CAO No. 80 | Labour Hours Act art. 4:8 |
| Duration of the right | 9 months after birth | First 9 months of life |
| How much time | ½ hour for ≥ 4 hours of work; 2 × ½ hour for ≥ 7.5 hours | As often and as long as necessary, up to a quarter of working time |
| Who pays | The health insurance fund, 82% of the gross salary | The employer, salary continues |
| Certificate required? | Yes — doctor, Child and Family, or midwife, to be renewed monthly | No |
| Prior notification | In principle, 2 months, in writing | No legal deadline |
| Legal Basis for the Space | Codex, Book III, Title 1, Art. III.1-62 | Arbobesluit art. 3.48 |
| Requirements for the space | Discreet and enclosed room, with washing facilities | Suitable, lockable enclosed space with a bed or rest couch |
The practical consequence: A Dutch employer pays more (continued wages) but has less administration. A Belgian employer has the attestation process, but does not cover the wage component. In both cases, the responsibility lies entirely with you.
What goes wrong in practice
Four situations we frequently encounter — all traceable to the same misconception: treating the space as a closing item.
- The meeting room as a nursing room. Bookable, so unavailable at the moment it’s needed. And rarely discreet.
- The sickroom with a sign on it. Often meets the requirement of being “enclosed”, rarely meets “hygienic”, and never meets “a place where you feel comfortable”.
- No cooling facilities. The Codex refers to milk being milked and stored under hygienic conditions. Storing milked milk in the shared kitchen fridge next to sandwiches is not a good interpretation of that.
- Only arrange everything upon the first request. You then have two months at best. A renovation won’t make it; a ready-made unit will.
From obligation to advantage
There is a reason why we take this topic seriously and do not treat it as a mere checkbox. The period in which an employee returns after her maternity leave is exactly the moment when organizations lose talent. A well-regulated lactation room is one of the few facilities where the target group is crystal clear, the cost is one-time, and the signal is unmistakable.
Companies that excel in this area often take the initiative before it’s even requested. This shifts the conversation: from *“could you please do this”* to *“we’ve got this ready for you*.
Putting it into practice
Three steps, in this order:
- Establish the procedure. Who receives the notification, how is the space reserved, how do you follow up on the monthly certificates. One A4 page.
- Check your space against art. III.1-62. Discreet, enclosed, with laundry facilities, cooling options, and sufficient ventilation. Our checklist with all requirements for a nursing room covers this point by point.
- Choose a solution that fits your building. Renting? A movable unit is often more logical than renovating. See renting or buying a pumping space.
Our office nursing rooms are designed to meet all requirements at once: soundproof, lockable, ventilated, with washing facilities and cooling, and ready to install without renovation. Want to know what fits in your building? Request a quote or let us first map out what your employees need with the impact scan.
Frequently Asked Questions about Breastfeeding Breaks in Belgium
Is a nursing room mandatory in Belgium?
Yes. The Code on Work Well-being (Book III, Title 1, art. III.1-39 and art. III.1-62) includes a room for pregnant employees and employees who breastfeed as mandatory social facilities. It must be a discreet and enclosed room with washing facilities, where milk can be hygienically expressed and stored.
How long is an employee entitled to breastfeeding breaks?
Up to nine months after the birth of the child. For a workday of at least 4 hours, this means one break of half an hour; for at least 7.5 hours, it means two breaks of half an hour each.
Does the employer have to pay for the breastfeeding breaks?
No. The breaks are compensated by the health insurance fund, equivalent to 82% of the gross salary for those hours. The employer provides the necessary payroll data.
Which certificate is required for breastfeeding breaks?
A certificate from Child and Family (or ONE), a medical certificate, or a certificate from a recognized midwife. Proof must be submitted monthly.
How far in advance must an employee request this?
In principle, two months in advance, in writing via registered mail or with proof of delivery. Employer and employee can agree on a shorter notice period.
Is there breastfeeding leave in Belgium?
No. Belgium does not have a legally mandated breastfeeding leave. Those who wish to stay home longer rely on unpaid leave, parental leave, time credit, or a sector- or company-specific regulation. However, prophylactic leave exists when work poses a risk to the child receiving breast milk.
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Last updated on 24 October 2026 by Stijn Belmans

