Whether it is for the birth or adoption of a child, or because your child is ill, there are a number of types of leave available, depending on your family circumstances and/or the age of your child(ren).
Leave for the birth of a child
Every pregnant woman who exerts a professional activity (employed, self-employed or trainee) is entitled to an 8-week maternity leave prior to the anticipated date of delivery and a 12-week postnatal leave.
The Luxembourg Chamber of Employees provides detailed information (Q&A) on maternity leave.
Every father (employed, trainee or in adult learning) is entitled to 10 days (4 days for civil servants) of leave after the birth of one more children. A person with an employment contract has to inform his employer in writing 2 months before the foreseeable dates on which he intends to take his leave. Once granted, future fathers are required to take advantage of these ten days of leave within two months after the birth of the child.
Leave for the adoption of a child
Employees are entitled to 12 weeks adoption leave when one or more children under the age of 12 are adopted. Adoption leave will enable one of the partners to stay at home in order to take care of the child(ren) who has/have recently arrived in the family.
Special leave for personal reasons
This type of leave may be taken by either the employed father or mother when adopting a child under the age of 16 years (unless the employee has the benefit of adoption leave). A male employee (or apprentice) who needs to take leave of absence for certain personal reasons specifically provided for by law is entitled to take special leave on full pay. The duration of the special leave taken by fathers is two days in the private sector and two days for civil servants.
Parental leave enables the parents of a young child to interrupt their careers or shorten their work hours in order to accompany the child at key moments in its development, while retaining the certainty of returning to their jobs at the end of the leave. Parental leave may be requested whether the child is legitimate, illegitimate, or legitimated. It may also be requested in case of an adoption procedure.
The reform of parental leave which entered into effect on 1 December 2016 allows for more flexible periods of leave. The new parental leave allows parents to choose from different flexible leave schemes which are better suited to their professional situation while they continue to benefit from a replacement income. The first parental leave always has to be taken following maternity leave. The second parental leave, however, can now be taken up to 6 years of age of the child. It is now also possible for both parents to take parental leave at the same time.
All the detailed information is available on the website www.reforme-famille.public.lu (in French or German).
Find the practical guide 'Labor Law - Parental Leave 2017' of the Chamber of Employees here.
Leave for family reasons in the event of a child's illness
Leave for family reasons enables the parents of a child under the age of 18 years to stay with the child in the event of serious illness, accident or other health-related problem with no loss of income. The duration of this kind of leave depends on the age of the child:
- 12 days if the child is under 4 years old;
- 18 days if the child has reached his or her 4th birthday, but is under 13 years old;
- 5 days is the child has reached his or her 13th birthday, but is under 18 years old and has to be admitted to a hospital.
The Luxembourg Chamber of Employees provides detailed information on leave for family reasons.
Leave for accompanying a dying person
Leave to accompany a dying person is a special type of paid leave which enables a worker (employed or self-employed) with a relative in the terminal stage of a serious illness to take leave of absence to be able to stay at their bedside. This leave is organised much in the same way as leave taken for family reasons.
The Luxembourg Chamber of Employees provides detailed information on leave to accompany a dying person.