Leave for family reasons was initially established in Luxembourg by a law of 12 February 1999. This leave is currently regulated by the Luxembourg Labor Code (articles L. 234-50 et seq. of the Labor Code).
In principle, the duration of leave for family reasons is limited to several days, depending on the age of the child.
However, the law had left the door open to an extension for a longer period when the child for whom one of the parents had to provide custody, were suffering from certain diseases of exceptional gravity. Such diseases were listed by a Grand-Ducal Regulation.
A Grand-Ducal regulation of 18 March 2020 added a case to this list and, when applicable, it allows an extended period of leave for family reasons.
The Grand-Ducal Regulation added the case:
when measures are taken to isolate, evict or keep children at home for overriding public health reasons decided by the competent authorities to deal with the spread of an epidemic.
The duration of this leave for family reasons linked to the health crisis extends until the end of the suspension of the activities of the schools and reception structures currently scheduled for 4 May 2020.
- Who can benefit from leave for family reasons during the period during which children are kept at home?
For the current Covid-19 crisis, the employee, parent of a child under the age of 13, can benefit from leave for family reasons during the period of home maintenance of the children, if there are no other means for provide custody of the child (eg the other parent must not already be on family-related leave or partial unemployment).
(our Article on FAQ on partial unemployment”: https://www.schirrerwalster.lu/faq-chomage-partiel-en-raison-du-coronavirus-covid-19/).
However, it should be noted that when the other parent is at home but performs his work from home (through telework), this parent is not considered to be able to provide custody of the child. Thus, it is possible for a parent to request leave for family reasons, even if the other parent is at home but does telework.
- What are the consequences of family leave for the parent who receives it?
This Absence is assimilated to absence due to personal incapacity for work due to illness or accident.
- What are the consequences of family leave for the employer?
The employee continues to receive his salary (100%) from the employer.
The Centre Commun de la Sécurité Sociale (CCSS) has set up a special scheme which aims to advance the cash benefits of leave for extraordinary family reasons. This measure aims to advance a substantial part of the reimbursement of wages that employers must continue to pay to the parents concerned around mid-April (which would normally only be done in May 2020 via the Employers’ Mutual Fund).
- What is the procedure to be followed by the employee to benefit from the leave for family reasons during the period of home maintenance of children?
The employee, who wishes to benefit from leave for family reasons, must inform his employer in advance and fill out a specific form for leave for family reasons in the context of limiting the spread of an epidemic (COVID-19).
This form must be sent to the National Health Fund (CNS) and to the employer.
- Can the employer, after having been informed by his employee, refuse to grant the request for leave for family reasons?
No, the absence of the employee due to a leave for family reasons is an absence is assimilated to an absence for personal incapacity for work.
Consequently, and unlike annual leave, the employer cannot refuse to grant this request for leave for family reasons.
- Can the employer force his employee to work during the period of leave for family reasons?
The employer cannot force an employee to work during the period of leave for family reasons.
Thus, if the employee refuses to work during the leave for family reasons, this refusal cannot be considered as a refusal of order which could justify a dismissal (Luxembourg Court of Appeal 28 February 2013).
It should be noted that this also applies to telework.
First, it should be remembered that the employer cannot force the employee to adopt telework as a form of performing his/her work and this therefore presupposes a prior agreement between the employer and the employee.
Second, since telework is assimilated to “normal” work, the employer cannot require the employee to perform telework when such employee benefits from leave for family reasons.
For any additional questions, please do not hesitate to contact us by email: info@schirrerwalster.lu.
