I. DEADLINES FOR THE DELIVERY OF ADMINISTRATIVE DOCUMENTS, MEDICAL EXAMINATION WITH CMSS, PETITIONS …

1. Leave for family reasons: New form from March, 30, 2020

From March 30, a new form is now available for the certificate of leave for family reasons in the context of containing the spread of an epidemic (COVID-19). The form must be completed and sent to the employer and to the CNS, EVEN if a previous form has already been sent.

This form can be found here.

Please submit the form to cns-crf@secu.lu (or cns-crf-nonsalaries@secu.lu for non-salaried or self-employed workers). These email addresses are to be used ONLY for sending the said form. It is not possible to answer any questions that may be asked.

If you cannot submit it electronically, please send it by NORMAL mail (NOT REGISTERED!).

2. Tax return: deadline for the submission extended to June 30, 2020

The Tax Administration has informed that the deadline for the submission of tax returns has been extended to June 30, 2020. This decision is applicable to legal and natural persons, as well as to taxpayers wishing to request, modify or revoke their choice of individual taxation.

This measure, among others, was decided by the Government in order to guarantee the continuity of the Luxembourg economy.

ALEBA takes this opportunity to remind its members that we have a partnership with an external tax specialist who helps our members free of charge to complete their tax return. For more information, contact us by email. info@aleba.lu.

3. Deadline for applying for CEDIES financial aid: attention, deadlines unchanged!

Applications for financial aid must be submitted each semester, even if the student is enrolled in the education establishment for a full year.

For students who are starting their studies in the summer semester, the full application, the form and supporting documents, must be sent in by 30 April 2020 at the latest.

In the context of COVID-19, the request must be made via MyGuichet or by email to aide-fi@mesr.etat.lu.

For non-resident students, the financial aid is a substitution alternative. Before the application can be submitted, the students must first have completed all necessary procedures in their country of residence in order to obtain financial support for their studies from their country.

Please note: students must respect the application deadlines in their country of residence.

The official result, whether positive or negative, for the academic year in progress must be attached to the application for financial aid in Luxembourg. Without the answer from the competent authorities in their country of residence, no financial aid can be granted.

4. Medical examination with the Medical Board of the Social Security (Contrôle médical de la sécurité sociale)

Medical examinations with the Medical Board of the Social Security (Contrôle médical de la sécurité sociale CMSS) are cancelled up to April 9. A written confirmation will be sent to the insured persons as soon as possible.

More info : www.cns.lu

5. Procedure to send your certificate of incapacity for work

As the postal services are currently not functioning – or only to a limited extent – insured persons have the possibility to send their certificates of incapacity for work exceptionally by e-mail to the following address: saisieCIT.cns@secu.lu

As a reminder, a certificate of incapacity for work can only be accepted if it meets the following criteria:

  •     the Luxembourg registration number must be written on the certificate
  •     the certificate must be issued by a doctor
  •     with the doctor’s surname and first name
  •     the certificate’s date of issue
  •     the beginning date of the incapacity
  •     the end date of the incapacity
  •     the diagnosis

The certificate must be produced digitally (ideally a scan). If you send a photo, please make sure the document is well-framed and legible.

Certificates sent by e-mail should no longer be submitted by post. However, please keep the original carefully.

If the certificate is in a language other than French, English or German, a translation by a sworn translator is required.

Please indicate your 13-digit NATIONAL NUMBER in the SUBJECT of your e-mail.

More info : www.cns.lu

6. Public petitions suspended until April 15

Members of the Petitions Committee unanimously decided to suspend public petitions due to the COVID-19 health crisis.

Ongoing petitions, the signature period of which opened on March 13, may collect new electronic signatures from April 15. The signatures collected to date remain valid. The collection of signatures on paper is also suspended until April 15.

The Commission specifies that the date of April 15 may be extended in the event that the health situation does not improve in the Grand Duchy. However, citizens will be able to continue to introduce public petitions on the Chamber’s website. 

More info : www.chd.lu

II. IMPACT ON THE EMPLOYMENT RELATIONSHIP

1. The Employee wishes to cancel leaves set and validated before the COVID-19 crisis: Can the Employer refuse?

Many Employees had planned leave for the Easter holidays before the COVID-19 crisis.

In some cases, Employees want to keep this leave, or even extend it, to make a real break, to disconnect, to spend more time with family, despite confinement.

In other cases, they wish to reduce the duration, or even cancel it entirely.

Can their Employer object? What does the law say?

It has come to ALEBA’s attention that certain Employers would hide behind the case law below, to force Employees to take their validated holidays:

Both the legal doctrine and case law, even recently (case n ° 44386 dated 25 October 2018) consider that, once the employer has approved the ordinary paid holiday requested by the employee, the employer cannot withdraw the paid leave, unless the employee agrees. Withdrawal by mutual consent always remains possible.

From this judgment, Employers and their Lawyers came to the conclusion that if the Employer cannot unilaterally cancel the leave of an Employee, it would be logical that the Employee could not either without the agreement of the Employer. These are just deductions and interpretations to their advantage.

ALEBA has analysed this judgment of the Court of Appeal of 25.10.2018 and states that there is never any question of cancellation of the leave at the initiative of the Employee in this judgment. ALEBA formally challenges this interpretation and relies on the opinion of her Legal department, which is as follows:

Why can’t the Employer cancel the leave unilaterally? Because the Law does not provide for it. The judgment clearly states that the cancellation of the leave on the initiative of the Employer is possible, but with the Employee’s agreement. Why do we need the agreement? Because the Labor Code provides that the leave is fixed by the Employee, who initiates the date of the leave. And since the Employee is the one who fixes the date, it is only logical that he alone can waive his leave by cancelling it.

The only right of the Employer in fixing the leave is to refuse it and again, he can only do so on the basis of a legal reason. There are two legal grounds for refusing leave:

  1. The desire of other Employees for the same date,
  2. Exceptional manpower requirements due to an exceptional task.

None of these reasons would allow the Employer to refuse a cancellation of leave.

Therefore, the leave is cancellable at the sole initiative of the Employee and the Employer cannot refuse it.

ALEBA therefore recommends Employees who wish to cancel their leave, to introduce their cancellation request in writing, in order to obtain a written response from their Employer, whether favourable or unfavourable.

2. I had taken leave before the COVID-19 crisis and it was validated by my employer. Can the latter cancel it now because of the many absences in the company?

Yes, this is now possible since April 3, 2020.

The Government has indeed voted on April, 3 a Grand-Ducal Regulation (GDR) which says that during the state of crisis, employers affected by the application of the Article 5, paragraph 2 of the amended Grand-Ducal Regulation of March 18, 2020 may refuse any leave request and cancel any leave already granted.

However, ALEBA wishes to clarify that this GDR does not affect the right of cancellation of the leave by the employee nor does it authorize the employer to force the employee to take leave.

3. What to do with your 2019 vacation balance and 2020 vacation?

Some Employers, certainly influenced by the ABBL, are afraid of ending up with a stock of leave in the TSA (Time Savings Account) and would like to force Employees to take their planned leave. ALEBA’s position is clear: if you do not agree, do not accept it!

ALEBA recommends that its Employee representatives negotiate the following measures with their Employers:

  • Closing reference period on March 31: until the last minute to be paid when Employees were unable to recover;
  • 2019 holiday balance to be taken before March 31: voluntarily the Employer must transfer it in the TSA, if days are not taken (no loss);
  • Planned and validated leaves: the Employer must give Employee the free choice to cancel, maintain, extend or shorten his leave. There is no question of obligation in the situation we are currently facing.

ALEBA would like to point out, however, that in this difficult period of confinement and teleworking, disconnection is very important. The house has become the working place and often the hours spent on the computer are not counted. Longer term, nobody will be able to stand this situation from a psychological point of view, and the problem is, nobody knows how long the confinement will last.

This is why ALEBA encourages Employees to take some time off to disconnect, one day from time to time, or even more, to take a step back and devote 100% to their family, to take time for themselves, etc. This type of action has been proved to limit post-crisis trauma.

4. Why can't we force the employer to initiate homeworking when possible?

If the employment contract provides for a right to homeworking, then the employee can homework subject to the express terms provided for in the contract.

If the employment contract does not provide anything, then the employer remains the only one to decide on the right and the modalities of homeworking. The law does not allow the employee to require telework.

However, if the employee is a vulnerable person (people over 65, diabetics, people suffering from cardiovascular diseases, chronic respiratory diseases such as asthma or cancer, people with weak immune systems due to therapy or illness), he/she is strongly recommended to quickly contact his treating physician.

5. What about overtime during telework? Are they allowed? How to justify them? Will they be paid? What to pay attention to?

In principle, it is compulsory to have a control of the working time, even remotely (for example by badging at distance).

It is recommended to avoid working overtime in telework. If overtime seems necessary, you must first request authorization in writing from your manager / supervisor and enter it in one way or another.

Failing to obtain prior written authorization from your manager / supervisor to work overtime, do not perform overtime !

All authorized overtime hours must be paid.

6. I am on parental leave and wish to resume my work due to the current situation related to COVID-19. Is it possible ?

Are you an employee or a self-employed person currently on parental leave?

Due to the current situation related to the coronavirus COVID-19, you are exceptionally allowed to interrupt your current parental leave in case of:

  • professional obligation;
  • necessity to resume your professional activity.

This interruption of the leave is considered to be motivated by an external cause. Thus, the allowances already received are not to be reimbursed.

At the end of the interruption, you may, subject to the agreement of your employer if you are an employee, take the portion of the parental leave remaining at the time of the interruption.

To request the interruption of your parental leave, complete this form and send it to the Children’s Future Fund (Caisse pour l’Avenir des Enfants – CAE).

 

Source: www.guichet.lu 

7. Can an employee decide to stay at home because he believes that going to the office compromises his health?

Non !

No !

It is the employer’s obligation to guarantee and provide a safe and healthy workplace.

The fact that an employee does not show up at his workplace without justification may constitute grounds for the employer to dismiss him with immediate effect.

If you are a vulnerable person, it is imperative to contact your attending physician, even in the absence of any symptoms, to see what the latter recommends.

As for the possibility of teleworking, we take the liberty of referring you to question 1) above.

8. Do employees have a "right of withdrawal" as in France in the event of danger in the workplace?

Article L.312-4 (4) of the Labor Code allows the employee to leave his workplace “in the event of serious, immediate danger which cannot be avoided”. However, in the case of the current pandemic, this right must be used with caution and discernment.

Indeed, if it is possible to invoke this right, it is only in the event of proven danger (for example a proven case of COVID-19 in the premises of the company without the latter carrying out the sanitary cleaning measures). Mere fear outside of objective circumstances is not enough.

In addition, the danger must be linked to the employer, which excludes the fear of contamination in public transport.

9. Can the employer require that the working time exceeds 10 hours / day and / or 48 hours / week?

No !

The law is clear, it is not possible to work more than 10 hours a day, 48 hours a week.

Exemptions may occasionally exist either under a grand-ducal regulation adopted by the Minister of Labor, or by a Collective Agreement. To date, there are no Grand Ducal regulations, and collective agreements in the banking and insurance sectors do not provide for this.

10. Have you just been laid off following the Coronavirus crisis?

  • ALEBA response: If you find yourself in such a situation, please contact ALEBA as soon as possible by sending an email to legal@aleba.lu. COVID-19 is not as such, a valid reason for termination.
  • Gouvernement’s response: https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

What is the simplified procedure for registration and application for unemployment benefits when workers lose their job due to the consequences of the COVID-19 pandemic?

Workers who lose their job due to the consequences of the COVID-19 pandemic are requested to complete the online form made available on ADEM’s website: https://adem.public.lu/en/support/inscription.html.

ADEM’s employment counsellors will then contact the jobseekers by phone or email to finalise their registration.

The data mentioned on the online form will also be used to check whether the conditions for obtaining unemployment benefits are met. ADEM employment counsellors will contact the jobseekers concerned by telephone in order to prepare the application for unemployment benefits.

It is therefore not necessary to go to an ADEM agency in person to register or to apply for unemployment benefits.

 

Source : https://meco.gouvernement.lu/fr/dossiers/2020/coronoavirus-entreprises.html

11. Do quarantined employees continue to be paid?

During the quarantine period covered by the medical certificate of incapacity for work, employees receive the cash sickness benefit.

 

Source: https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

12. Can the employee refuse to go to work for fear of catching the coronavirus?

No

 

https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

13. Can an employer force its employees to take their annual legal or unpaid leave?

No. If an employer makes the decision to oblige its employees to stay at home as a precautionary measure, it must specifically waive their obligation to perform their work, and continue to pay their salaries.

However, according to Adem, before being able to benefit from partial unemployment, all possibilities of maintaining a normal level of employment by the company’s own means must be exhausted. Planning holidays is part of own resources the company has to maintain a normal level of employment. Employees must therefore take the holidays of previous years to 2020 before benefiting from partial unemployment.

https://adem.public.lu/fr/support/faq/faq-chomage-partiel.html

Can an employer force its employee to take unpaid leave?

No. Unpaid leave must result from a bilateral agreement between the employee and the employer. Neither can impose it.

14. Can an employee ask his/her employer to allow him/her to work from home out of fear of the coronavirus?

Yes, but the employer theoretically has no obligation to comply with the request.

However, since employers are required to encourage their employees to work from home, requests will only be refused due to operational requirements.

 

https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

15. Can the employer prematurely terminate a fixed-term contract?

No !

An employee on a fixed-term contract must be treated in the same way as an employee on an open-ended contract.

The CDD will not end until the expiry of the CDD as fixed in the contract.

16. Can the employer exempt certain employees from working and oblige others to take vacation or recuperation leave?

No !

The employer cannot in any case, for whatever reason, require an employee to stay away from work by taking time off from work.

According to the Labor Code, the leave must be taken by mutual agreement with the employee and may in no case, except for collective holidays, be imposed by the employer.

17. I live with a person at high risk of infection (medical staff, delivery person, supermarket employee ...), what are my rights?

If you live with a person at high risk of infection or an infected person, we strongly recommend that you inform your employer immediately.

However, you have no special rights to telework as a result.

III. SHORT-TIME WORKING (chômage partiel)

1. Which employees are eligible for the new short-time working scheme linked to COVID-19?

The following are eligible:

  • employees on permanent and fixed-term contracts (contracts must be in progress at the time of the occurrence of force majeure);
  • apprentices in initial and adult learning.

2. How much will I be paid?

The employer can decide to maintain the salary level of its employees in full.

He must pay them compensation compensation which corresponds to at least 80% of the normal reference salary, but which cannot be less than the amount of the minimum social salary for unskilled workers, ie € 2,141.99.

This also applies to adult apprenticeships, but not to apprentices in initial training who continue to receive their apprenticeship allowance.

Any difference between the amount of the compensation allowance and the unqualified minimum social wage will be paid by the Employment Fund.

3. Does the employee whose employer uses short-time working have any formalities to accomplish?

No, employees placed on short-time working have no steps to take. They will be informed by the employer or the staff delegation and will continue to be paid.

4. Will my employer be reimbursed by the state?

The state reimburses the employer for compensation.

The amount reimbursed by ADEM will be capped at 80% of the monthly salary, without exceeding 2.5 times the unqualified minimum social salary (5,354.98 euros in the index 834.76).

Any difference between the amount of the compensation allowance and the unqualified minimum social wage will be paid by the Employment Fund.

5. What is the procedure for companies?

In order to speed up and facilitate the procedure for applying for partial unemployment for force majeure linked to the COVID-19 crisis, ADEM, in close collaboration with the secretariat of the Economic Committee and the Technology Center State Information (CTIE), has set up a new automated system which allows companies to submit their request for partial unemployment via an online form on www.guichet.lu/cocp

This request must be made every month.

Companies make their request using secure authentication (LuxTrust product (for example Token, Smartcard or Signing stick) or electronic identity card].

They also have the possibility of having their request submitted by their representative (a trustee), for example if they do not have a LuxTrust product.

The data collected will be processed by ADEM in an automated manner. The application was designed to be as simple as possible for businesses.

Since March 27, 2020, companies must use the form available on www.guichet.lu to make their request (requests by post, e-mail or fax will no longer be accepted).

Requests from companies that can no longer carry on their activities following government decisions in March 2020 will be directly processed by ADEM.

Requests from other companies will only be processed after the approval of the Economic Committee.

In both cases and as soon as the request is accepted, ADEM will pay the companies an advance. This advance corresponds to 80% of the salaries of workers affected by short-time working and will allow companies to quickly obtain liquidity.

After the end of the month, the company will have to make a detailed statement mentioning the hours actually worked. On the basis of this statement, ADEM will calculate the sums actually owed by the Employment Fund. In the event of an overpayment, the company will be required to reimburse.

6. Which companies are eligible for the new short-time working scheme linked to COVID-19?

Companies which can no longer carry on their activities following a government decision are automatically eligible for short-time working without the approval of the Economic Committee.

All the other companies which have suffered a drop in activity linked to the coronavirus crisis must receive the approval of the Economic Committee in order to be eligible for short-time working.

Temporary employment agencies are also eligible with regard to their employees whose contract of assignment continues but who can no longer carry on their activity. Both types of companies must apply using the same form on www.guichet.lu.

7. What about companies that have already applied on the basis of the old form?

Requests received by the secretariat of the Economic Committee by mail, e-mail or fax are being processed. Given the extremely large number of requests received, this processing may last until April 3, 2020.

Companies whose request was incomplete and therefore cannot be processed will be contacted by ADEM.

8. Should employees have exhausted their right to leave before becoming unemployed partial?

According to ADEM, before being able to benefit from partial unemployment, all possibilities of maintaining a normal level of employment by the company’s own means must be exhausted. T

he arrangement of holidays is part of the company’s own means for maintaining a normal level of employment. Employees must therefore pay the holidays of years prior to 2020 before benefiting from partial unemployment.

More details:

https://guichet.public.lu/en/entreprises/sauvegarde-cessation-activite/sauvegarde-emploi/chomage-partiel-technique/chomage-partiel-coronavirus.html

https://adem.public.lu/en/support/faq/faq-chomage-partiel.html

IV. CROSS-BORDER EMPLOYEES

1. What documents do commuters need to cross the border between Luxembourg and France exempted from restrictions?

To make it easier for cross-border workers from France to enter Luxembourg during possible border controls, the Luxembourg government has issued a certificate to prove the employment relationship with the employee.

The certificate attesting the employment relationship with the employee must be completed and signed by the employer. This certificate serves as proof of the necessity to cross the border between France and Luxembourg in the context of COVID-19.

Thus, upon presentation of this certificate, along with:

all cross-border workers residing in France will be exempted from restrictions on border crossings between France and Luxembourg.

These documents are available on government.lu.

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

2. Which certificate does a cross-border worker from Belgium need to make it easier for him to enter Luxembourg?

In order to make it easier for cross-border workers to enter Luxembourg during border controls, the Luxembourg government has issued a certificate to prove the employment relationship of the employer with the employee.

This certificate serves as proof of the need to cross the border between Belgium and Luxembourg under the COVID-19 situation. Upon presentation of the form, cross-border workers residing in Belgium will thus be exempted from border crossing restrictions between Belgium and Luxembourg.

This document is available on gouvernement.lu.

 

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

3. Which certificate does a cross-border worker from Germany need to make it easier for him to enter Luxembourg?

In order to make it easier for cross-border workers to enter Luxembourg during border controls, the Luxembourg government has issued a certificate to prove the employment relationship of the employer with the employee.

This certificate serves as proof of the need to cross the border between  Germany and Luxembourg under the COVID-19 situation. Upon presentation of the form, cross-border workers residing in Germany will thus be exempted from border crossing restrictions between Germany and Luxembourg.

This document is available here..

4. What does the special agreement between Luxembourg and Belgium provide concerning the taxation of telework of Belgian-resident cross-border workers?

As a result of the public health situation related to the COVID-19 crisis, many cross-border workers will have to increasingly work from home in the coming days and weeks.

The final protocol of the Belgian-Luxembourg Convention provides for a rule of tolerance allowing a cross-border worker to exercise his activity for a maximum of 24 days outside the country they usually work in while remaining taxable in that country.

The Belgian and Luxembourg authorities have agreed that the current coronavirus situation constitutes a case of force majeure, for which no days are to be counted under the 24-day rule.

It has therefore been decided that as of Saturday, 14 March 2020, the presence of a worker at home, in particular to carry out telework, will not be taken into account in the calculation of the 24-day period.

This measure is applicable until further notice.

 

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

5. What has changed concerning the taxation of telework of French-resident cross-border workers?

Since the entry into force of the new Franco-Luxembourg tax treaty, signed in 2018, French cross-border commuters can telework from France for up to 29 days for their Luxembourg employer without the related remuneration being taxed in France.

The French and Luxembourg authorities have agreed that the current coronavirus situation constitutes a case of force majeure.

It has therefore been decided that as of Saturday, 14 March 2020, the presence of a worker at home, in particular to carry out telework, will not be taken into account in the calculation of the 29-day period. This measure is applicable until further notice.

The specific provisions of these decisions, which take effect from 14 mars 2020, will be communicated at a later date.

 

Source: https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

V. SPECIAL LEAVE FOR FAMILY REASONS

1. What are the general principles governing extraordinary leave for family reasons?

In the context of the measures adopted by the Government to contain the spread of the coronavirus, a special leave for family reasons has been set up for those parents who have to look after their child(ren) under 13 years of age, and have no other possible option for childcare.

The parents may alternate their special leave for family reasons, one parent at a time. It is not possible for both parents to take this special leave for family reasons at the same time. This family leave is not cumulative with short-time work.

This special leave for family reasons in the context of the COVID-19 crisis has no impact on the number of days of normal leave for family reasons parents are usually entitled to.

As from 30 March 2020 a new form for the family leave in the context of COVID-19 needs to be introduced. Further information, a Q&A section as well as the form to request the special leave for family reasons are available on guichet.lu.

Please submit the form to cns-crf@secu.lu (or cns-crf-nonsalaries@secu.lu for non-salaried or self-employed workers). These email addresses are to be used ONLY for sending the said form. It is not possible to answer any questions that may be asked.

If you cannot submit it electronically, please send it by NORMAL mail (NOT REGISTERED!).

2. Who can benefit of this leave?

One parent who is affiliated to the Luxembourg social security scheme (including non-residents) of one or more children under 13 years of age provided that they are schooled and are concerned by the temporary closures of teaching structures in primary and secondary education, vocational training, childcare (crèches, daycare centres (maisons relais)…) etc. etc.

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

3. The form does not indicate a starting or ending date. What should one do?

The form only serves to attest to the parent’s employer and to the CNS that the parent is taking leave for family reasons. There is no need to indicate on the form a date for starting or ending the leave.

The form only serves to attest to the parent’s employer and to the CNS that the parent is taking leave for family reasons. There is no need to indicate the start and end dates of the leave on the form.

The parent must contact his/her employer to inform it that he/she is taking leave for family reasons. The parent must also inform his/her employer of the days (or half-days) he/she will be taking as leave for family reasons.

Thereafter, it is the employer that informs the social security institutions of the specific days.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

4. Does the certificate of leave for family reasons take precedence over homeworking?

Yes, the leave for family reasons (LFR) certificate is a valid reason for absence from work.

Either the employee is at work and the employer chooses the work mode: telework or on-site work.

Either the employee has a reason for absence: LFR or sick leave.

5. The child of the employee is 13 years old. Can he take leave for family reasons?

The statutory age limit for the child is the day before its 13th birthday. Parents of children who are 13 or older cannot take leave for family reasons under the present arrangements. Only the parents of children in hospital who are 13 or older are entitled to take leave for family reasons, and the number of days is limited to five (Art. 234-52 of the Labour Code).

For disabled children who are over 12 years old, the Government will soon be deciding on special measures aimed at supporting the parents concerned. These measures will be communicated as soon as possible.

 

Source : https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

6. The child of the employee is 13 years old and he cannot take leave for family reasons. What can he do?

If parents are not able to take leave for family reasons, they may contact their employer with a view to working from home insofar possible.

Parents can also ask a neighbour or relative to look after their children. Nevertheless, a vulnerable person or a member of a group at risk should not be involved in childcare.

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

7. Can the employer refuse leave for family reasons at the same time?

No. If the parent has followed the statutory procedure (i.e. informing his employer and submitting the form, duly completed), the employer cannot refuse to allow the parent to take leave for family reasons. The request has the same value as a medical certificate within the meaning of Articles L.234-53 and L.234-54 of the Labour Code as far as the employer and the CNS are concerned.

 

Source :https://meco.gouvernement.lu/en/dossiers/2020/coronoavirus-entreprises.html

8. I have taken leave for family reasons. Can I stop the leave and work for a few days, then go back on leave?

Yes.

A parent can interrupt and divide the leave into distinct periods as necessary. But the employer must be informed of any change as quickly as possible.

It is only necessary to complete and send one form per parent at the start of the leave.

Leave for family reasons can be taken per hour (and not only during half or full days).

In practice, a person can work for 5 hours and take leave for family reasons for the remaining 3 hours (in the case of a full-time position).

This will give more flexibility to the person concerned, and to a certain extent, limit the use of leave for family reasons to the periods of time where it is actually needed.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

9. I would like to alternate the leave with my husband/wife - is that possible?

Yes.

Both parents can alternate leave according to their needs, on condition that both parents are affiliated to the Luxembourg social security scheme.

Each parent must fill in a separate form.

Example 1:

  • Parent 1 – Mondays and Tuesdays
  • Parent 2 – Wednesdays, Thursdays and Fridays

Example 2:

  • Parent 1 – mornings
  • Parent 2 – afternoons

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

10. Can I take leave on an hourly basis?

Yes.

Leave for family reasons can be taken per hour, and not only during half or full days.

In practice, a person can work for 5 hours and take leave for family reasons for the remaining 3 hours (in the case of a full-time position).

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

11. Can I look after a child of whom I am not a parent but who is in the care of the household in which I live?

Yes, leave for family reasons can be taken by any member of a “patchwork” family who is not the child’s biological parent, if it is imperative that the child’s parent be present at their workplace.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html

12. I'm on maternity (or parental) leave. Can my husband/wife take leave for family reasons?

In principle, if one parent is on maternity or parental leave, the other parent ought to continue working, possibly from home.

As a last resort, however (if there are no other options), it is possible to take leave for family reasons while teaching structures are closed.

 

Source : https://guichet.public.lu/en/actualites/2020/mars/13-conge-raisons-familiales-covid-19.html