Factsheet for case LU-2020-12/475 – Updated – measures in Luxembourg
|Country||Luxembourg , applies nationwide|
|Time period||Temporary, 18 March 2020 – 20 June 2020|
|Type||Legislations or other statutory regulations|
Income protection beyond short-time work
– Support for parents and carers (financial or in kind)
|Author||Patrick Thill (LISER) and Eurofound|
|Case created||10 April 2020 (updated 14 July 2020)|
To limit the spread of the coronavirus, the government introduced a paid family support leave to assist private-sector employees and the self-employed who are obliged to stop working while an approved facility for persons with disabilities or the elderly is closed in order to care for a disabled adult or a dependent elderly person living in their household.
The legal backgrounds are: the declaration of a state of crisis by the "Loi du 24 mars 2020 portant prorogation de l’état de crise déclaré par le règlement grand-ducal du 18 mars 2020 portant introduction d’une série de mesures dans le cadre de la lutte contre le Covid-19. Mémorial A 178 du 24 mars 2020. Grand-Ducal regulation of 18 March 2020 introducing a series of measures to combat COVID-19 (Règlement grand-ducal du 18 mars 2020 portant introduction d’une série de mesures dans le cadre de la lutte contre le Covid-19. Mémorial A 178 du 24 mars 2020)
The measure applies to employees in the private sector or self-employed persons if they have no other options for caring for a disabled or elderly adult.The following measures should be fulfilled:
The household member who is not engaged in a strategically important activity in the current situation (e.g. health professional), should take the family support leave.The leave may be divided among the members of a household but may not be taken into charge by the sickness assurance.
No information are available.
Employees in standard employment
Other groups of workers
|Does not apply to businesses||Does not apply to citizens|
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Role||No involvement||No involvement|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
In general, the trade union OGBL welcomes the measure. However, the OGBL emphasizes also that the decision of the government to transfer the financial burden of the pecuniary indemnity for the first 77 days of the Employer's Mutuality ("Mutualité des employeurs") to the sickness and maternity insurance, retroactively to April 1 and potentially until June 30, 2020. Nevertheless, in the same time, it denounces the government's decision to provide, at the level of the sectors defined as "essential", that not only can the employer refuse requests for leave (as has been the case since March 18), but that he can now even cancel any leave already granted to the employee. This is contrary to all relevant case law as well as to the principle of mutual agreements between employer and employees.
Eurofound (2020), Family care leave for family support introduced, case LU-2020-12/475 (measures in Luxembourg), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.