CHANGES FOR 2018 CONCERNING SPECIAL LEAVE

The Law of 15 December 2017, which entered into force on 1 January 2018, introduced significant changes to the field of special leave. Here is a comparison table summarizing the most important changes:

Types of special leave

Before the reform

Since 1 January 2018

Leave due to the birth or adoption of a child aged under 16, also called paternal leave (1) 2 days 10 days within two months of the birth
Leave due to the death of a minor child 3 days 5 days
Leave to enlist for military service 1 day None
Leave due to marriage or PACS (pacte civil de solidarité – civil partnership) (Note for cross-border workers: a request for recognition of the PACS must be submitted to the Luxembourg civil register via the public prosecutor’s office)

6 days for the couple

2 days for the parents

Marriage

– 3 days for the couple

– 1 day for the parents

PACS

– 1 day for the couple

– Parents are no longer entitled to leave

Leave due to moving residence (2) 2 days 2 days every 3 years
Family leave (3) 2 days per year

Depends on the age of the child:

– Under 4: 12 days

– Between 4 and 13: 18 days

– Between 13 and 18 + hospitalization: 5 days

Postnatal leave and adoption leave (4)

Postnatal leave:

8 weeks + breastfeeding leave

Adoption leave:

8 weeks – 12 weeks if adopting more than one child

Postnatal and adoption leave:

12 weeks

(1): This leave must also be granted to divorced/separated parents and step-fathers/step-mothers who are raising the child with the mother or father.

The 10 days of leave do not have to be taken in one block (subject to the agreement of the employer), but they must be taken within two months of the birth. If the employer does not agree to this, the leave must be taken in one block immediately after the birth or adoption of the child.

Conditions: the employer must be given 2 months’ notice prior to the date on which the employee wishes to start their leave. When giving notice, the employee must provide a medical certificate attesting to their due date or a supporting document attesting to the predicted date for the adoption of the child. If notice is not given two months in advance, the leave can be reduced to 2 days. Hence it is presumed that this special leave provision will not enter into force until 1 March 2018.

(2): The duration of this type of leave has not been changed, but it can now only be taken once every 3 years with the same employer. Accordingly, an employee who changes employer is still entitled to this leave and their new employer will not check whether they took this leave at their old workplace.

(3): Family leave may be taken by an employee with a dependent child aged under 18 who requires the physical presence of one of their parents. The term “dependent child” encompasses children born in and out of wedlock, as well as adopted children.

Family leave cannot be taken by both parents at the same time. Divorced/separated parents and step-fathers/step-mothers who are raising the child with the mother or father are entitled to this leave.

Where the child suffers from a deficiency or loss of at least 50% of their physical or mental capacity, the duration of the leave is doubled and there is no age limit.

It is still not mandatory to take the entire leave in one block.

It is important to note that for the last age bracket, leave is only granted if the child is hospitalised.

NB: leave days taken before 1 January 2018 will be deducted from the maximum number of leave days available for the relevant age bracket. However, this only applies to the first two age brackets.

(4): Postnatal leave is now 12 weeks for all mothers, regardless of whether or not they are breastfeeding, and whether or not it was a multiple or pre-term birth.

In terms of adoption leave, only one of the two parents may take the full 12 weeks of leave.

Specific provisions under the Collective Agreements (banks and insurance):

Although the two Agreements have now been terminated, they will remain in force until the new collective agreement enters into force. The provisions of the most recent convention collective de travail (collective employment agreement – CCT) will therefore remain in force in 2018 until the new CCT is signed.

Since CCTs can only improve upon the statutory provisions, here are the additional rights that currently remain in force:

Type of special leave

“Banks” collective agreement “Insurance” collective agreement

Leave to enlist for military service

1 day No special leave
Leave due to the birth or adoption of a child aged under 16 3 days until 1 March 2018, 10 days thereafter 3 days until 1 March 2018, 10 days thereafter
Leave due to marriage or PACS (pacte civil de solidarité – civil partnership) (Note for cross-border workers: a request for recognition of the PACS must be submitted to the Luxembourg civil register via the public prosecutor’s office)

Couple:

6 days (until the new CCT enters into force)

Parents of the couple:

2 days

Couple:

6 days (until the new CCT enters into force)

Parents of the couple:

2 days

General information:

Special leave must be taken at the time of the event that triggers the entitlement. It cannot be taken before or after this time. Exception: the new paternal leave.

If one of the days of special leave falls on a Sunday, a legal public holiday or a business day on which the employee does not work, it will be postponed until the next business day after the event.

E.g.: a child is born on 1 May. As 1 May is a legal public holiday, the ten days of leave will not begin until 2 May.

If the event takes place when the employee has already taken ordinary leave, their leave is interrupted for the duration of the special leave.

If the event triggering the entitlement to special leave takes place while the employee is ill, this leave is unfortunately lost.

Finally, the special leave is not calculated on a pro-rata basis for part-time employees. In fact, it’s always question of clear days. Therefore, even part-time employees are entitled to the whole amount of the special leave.

 

If questions remain, feel free to contact ALEBA’s Legal department by email: legal@aleba.lu or by phone: (+352) 223 228-1

For more information, the union office is open from 8am to 5pm, Monday to Friday by email:  info@aleba.lu or by phone: (+352) 223 228-1