Background information

The Government has drawn up a specific measure for those parents who have to look after their child(ren) under 13 years of age, so that they will be able to benefit from leave for family reasons. The employee under this measure benefits from the full salary paid the CNS.

Legal background: Labour Code, Book II, Title III, Chapter IV, Section (Code du travail, Livre II, Titre III, Chapitre IV, section 7.Amended Grand-Ducal Regulation of 10 May 1999 , Introducing parental leave and leave for family reasons (Règlement grand-ducal du 10 mai 1999 définissant les maladies ou déficiences d'une gravité exceptionnelle en application de l'article 15, alinéa 2 de la loi du 12 février 1999 portant création d'un congé parental et d'un congé pour raisons familiales. Mémorial A 58 , 27 mai 1999.

Content of measure

The parental leave could be taken if:

• The child was born on or after 1 September and is dependent on the applicant.- Schoolchildren under 13 years of age whose school is closed for crisis-related reasons and who cannot be cared for either by a childcare facility or by a third party relative.
• A child who is vulnerable regarding the CMI recommendations (respiratory, cardiac or immunosuppressive pathology).

A new application for family leave must be submitted even if you have already made an application with the form that was put online on 30 March 2020.

Parents of children with disabilities aged 13 to 18 (or up to 25) are eligible for family leave if they receive the additional special allowance for disabled children from the EAC.

The extraordinary Family Related Leave (FRC) (COVID-19) is time-limited and will not impact the balance of the normal FRC. It is treated separately from the normal FCP. Claimants could be: The COVID-19 pandemic compassionate leave applies to parents who are:

• employees, or;
• self-employed

and are parents of a child referred to above.

If other persons can take care of the child, whether the parents or another member of the household, the parent is not entitled to family leave.

Use of measure

At the beginning of the COVID-19 crisis in March 2020, the cost of the scheme was estimated at €47.6 million last. Nevertheless, the State is envisaging a total expenditure of around €280 million. A sum divided in two: €222 million for the period from mid-March to 25 May (date of resumption of the basic and childcare facilities), and the other €60 million from the end of May to the end of the school year on 15 July 2020. No other information available.

Target groups

Workers	Businesses	Citizens
Parents in employment	Applies to all businesses	Parents

Actors and funding

Actors	Funding
National government	National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Unknown	Informed
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: Unknown

Involvement

Unknown.

Views and reactions

Not available.

Sources

• 20 May 2020: Covid-19 pandemic-related compassionate leave covering the period from 25 May 2020 to 15 July 202 (guichet.public.lu)
• 28 December 2020: Applying for leave for family reasons in the context of the COVID-19 pandemi (guichet.public.lu)
• 13 January 2021: Pas de prolongation pour le congé pour raisons familiales (www.wort.lu)
• 02 April 2021: Extension of parental leave (www.fedil.lu)