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Factsheet for case LU-2021-4/1847 Updated – measures in Luxembourg

Family leave in the context of the COVID-19 pandemic

Congé pour raisons familiales dans le cadre de la pandémie de la Covid-1

Country Luxembourg , applies nationwide
Time period Temporary, 21 January 2021 – 17 July 2021
Type Legislations or other statutory regulations
Category Measures to prevent social hardship
– Protection of vulnerable groups (beyond employment support)
Author Patrick Thill (LISER) and Eurofound
Case created 12 April 2021 (updated 07 May 2021)

Background information

The government reestablished on 21 January 2021, the parental leave for COVID-19 related reasons. This action ended on 2 April 2021, but was extended by the Government until 17 July 2021, inclusive. This is to maintain the possibility of reacting quickly to the consequences that the current situation may have for parents of vulnerable children and the problems of care that may arise in the event of the closure of schools or childcare facilities for parents of children under 13 years old.

The employee under this measure benefits from the total 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.he 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.

Updates

The following updates to this measure have been made after it came into effect.

22 January 2021

The Chamber of Deputies passed Act N°7794 to extend the application of Articles 4 to 7 on parental leave until 17 July 2021 (Act of 22 January 2021).

Use of measure

Between April 2020 and February 2021, 353,066 applications for family-related leave were made. As a reminder, this provision allows workers to take leave without deducting it from the statutory days exempted for family reasons. The measures apply to both employees and self-employed workers, whether resident or cross-border.

Target groups

Workers Businesses Citizens
Applies to all workers Does not apply to businesses Does not apply to citizens

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 No involvement No involvement
Form Not applicable Not applicable

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

  • No involvement
  • Main level of involvement: N/A

Involvement

The social partners have not been involved.

Views and reactions

Trade Unions welcome the government's decision.

Sources

  • 22 January 2021: Extension of parental leave (www.fedil.lu)
  • 17 March 2021: Evolution du nombre de congés pour raisons familiales accordés par la CN (www.wort.lu)

Citation

Eurofound (2021), Family leave in the context of the COVID-19 pandemic, case LU-2021-4/1847 (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.