Family leave introduced in Luxembourg

Download article in original language : LU9903196NFR.DOC

As from 1 March 1999, working parents in Luxembourg are entitled to two days' paid leave per year per child under a new family leave scheme covering sickness, accidents and other emergencies affecting children under the age of 15.

Under legislation passed in February 1999, as part of Luxembourg's National Action Plan on employment, in response to the EU Employment Guidelines (LU9903195F), paid family leave (congé familial) has been introduced from 1 March 1999.

For around a decade, some social partners have provided by collective agreement for different forms of family leave that vary according to criteria for entitlement, time limits and any contributions made by the employer. Although the new legislation does not undermine any existing agreements, it certainly gives the social partners very clear guidance as to how they should approach this issue in future. Under the new provisions:

• to qualify for family leave, an employee must have a dependent child under the age of 15 who, because of illness, an accident or other urgent reason connected with his or her health, requires the attendance of one of the parents;

• the length of family leave must be supported by a medical certificate and may not exceed two days per child per year. In the case of a child who is exceptionally ill, the leave may be extended following an opinion from the social security health monitoring service (Contrôle médical de la sécurité sociale); and

• the period of family leave counts as a period of incapacity for work and is thus fully paid. Furthermore, on being notified of the circumstances, the employer may not terminate the employee's contract during the leave.