How long is parental leave in Luxembourg?

In Luxembourg, there are two periods of parental leave (referred to as "first" and "second" parental leave by law) for parents of a newborn or adopted child. Full-time employees are entitled to the following four options:

• Full-time leave for 4 or 6 months.
• Half-time leave for 8 or 12 months.
• Fractional leave: 4 months taken over a maximum period of 20 months.
• Fractional leave: 1 day per week for a maximum of 20 months.

Employees working 20 hours or more per week are eligible for options 1 and 2 only. Employees working 10 hours or more per week or those under an apprenticeship employment agreement are eligible for option 1 only.

What are the eligibility rules for parental leave in Luxembourg?

To be eligible for parental leave in Luxembourg, the following conditions must be met:

• The supported employee must have worked for their employer continuously for at least 12 months.
• One parent must take parental leave immediately following maternity leave, breastfeeding leave, or adoption leave. This is known as the "first parental leave."
• The other parent may take their leave at the same time or later, referred to as "second parental leave," but it must start before the child turns 6 years old.
• In cases of adoption, the age restriction is raised to 12 years old.

How is parental leave payment calculated in Luxembourg?

In Luxembourg, a parent who takes paid parental leave receives a monthly parental leave stipend. This stipend is awarded by the Children's Future Fund and serves as a substitute for the parent's salary during the leave period. The maximum amount of the allowance is five-thirds of the minimum wage, and it cannot be less than this amount.

What is the process for applying for paternity leave in Luxembourg?

In Luxembourg, paternity leave is available to employed and self-employed fathers, as well as any individual recognized as a second parent, concurrent with the birth of a child or the fostering of a child under the age of 16 for adoption. The leave comprises 10 special days that can be taken according to the individual's wishes unless it conflicts with the business's operational needs. If no agreement is reached between the employee and the employer, the leave should be taken all at once immediately after the birth or adoption.

To apply, the individual must provide a written application in any format (email, registered letter, etc.) that serves as proof of compliance with a 2-month notice period. In cases where the birth occurs 2 months earlier than expected, this notice period is waived. The application must be accompanied by either:

• A copy of the medical certificate indicating the expected delivery date; or
• A supporting document indicating the estimated date of the child's arrival for adoption.

What are the eligibility rules for maternity leave in Luxembourg?

In Luxembourg, the eligibility rules for maternity leave are as follows:

• The female employee must be a resident of Luxembourg.
• The female employee must have worked for 6 months before becoming pregnant to be eligible for maternity leave benefits.

How is maternity leave payment calculated in Luxembourg?

In Luxembourg, maternity allowance is paid by the National Healthcare Fund.

What is the process for applying for maternity leave in Luxembourg?

To apply for maternity leave in Luxembourg, the employee must complete the following steps:

• Submit a medical certificate of pregnancy to her employer.
• Provide the same medical certificate to the social security authorities, specifically the Caisse Nationale de Santé (“CNS”).

This certificate must be issued during the last 12 weeks of pregnancy and not before. To determine the first day on which the certificate will be valid, employees can utilize the maternity leave calculation tool available on the CNS website.

How long is the paternity leave in Luxembourg?

Paternity leave in Luxembourg is 10 days.

What are the eligibility rules for paternity leave in Luxembourg?

In Luxembourg, the eligibility rules for paternity leave are as follows:

• The supported employee may take paternity leave according to their preferences unless these conflict with the business's operational needs.
• If the supported employee and their employer cannot reach an agreement, the paternity leave must be taken all at once and immediately after the birth or adoption of a child.

What is the process for applying for parental leave in Luxembourg?

To apply for parental leave in Luxembourg, the employee must follow these steps:

• The employee and employer must draft an agreement regarding parental leave before the leave begins.
• Employers must approve requests for full-time leave. For flexible or part-time schedules, employers have the discretion to deny requests. If denied, the employee must choose between taking full-time leave or forfeiting the leave.

The parental leave plan should:

• Specify the actual leave periods.
• Be created within 4 weeks of the employee's leave application.

Changes to the parental leave plan that affect the work schedule or calendar month require the employer's approval. If one parent does not take or is ineligible for the first parental leave, they may request 4 months of unpaid leave to allow the other parent the benefit of the second parental leave, which the employer must grant without deferral. Importantly, parental leave rights are limited to one parent per child and cannot be transferred to the other parent to allow for simultaneous leaves.