New form for family leave to be used starting Monday, 30 March 2020

Covid-19

Leave for family reasons has been extended to provide a solution for parents who are not able to provide childcare for their dependent child or children, up to the age of 12, or until the age of 18 for a child with a disability.

This leave is limited to cases in which one of the parents, or spouse, respectively, is unable to provide childcare.

Therefore, as of Monday, 30 March, it is no longer possible to use leave for family reasons in the context of limiting the spread of COVID-19 if the employee making the request, or the other parent, or another member of the household in question, is covered by the partial unemployment scheme provided for in Articles L. 511-1 et seq. of the Labour Law during the time period for which the leave is requested.

In other words, if the other parent, or spouse or another member of the household, can provide childcare, particularly if he or she is on partial unemployment, then leave for family reasons cannot be used at the same time.

Similarly, if another means of childcare is available, for example specific arrangements for childcare have been organised, then the parent cannot use leave for family reasons.

Moreover, both parents (or spouse) cannot take leave for family reasons at the same time.

These limitations do not apply to telework that consists of work that is carried out from home when the parent(s) (or spouse) cannot provide childcare.

As of Monday, 30 March 2020, the parent who has to provide childcare must complete and submit a new form to their employer and the National Health Fund (CNS) without delay.

If a previous form was submitted, that form will no longer be valid as of Monday, 30 March 2020 and a new form must be submitted. The new form is available in French, German, and English on the Guichet.lu portal: guichet.lu/cocrf

Self-employed persons may also take leave for family reasons under the same conditions as salaried employees.

Leave for family reasons can be split into days, half-days or hours, as needed.

Please note that the parent requesting leave for family reasons must inform the employer(s), either orally or in writing, as soon as possible when he/she needs to take leave for family reasons.

Ending leave for family reasons in the context of limiting the spread of COVID-19 was decided by the Government of Luxembourg.

Press release by: Ministry of Social Security

Translation by: Luxembourg Chamber of Commerce