Familiäre Verpflichtungen
Vaterschaftsurlaub
There is no special entitlement defined as paternity leave. However, employees are entitled to "leave due to extraordinary circumstances" (special leave) which gives them the right to take two days off in the case of birth or adoption of a child. The special leave is paid by the employer and covers 100% of the worker's earnings.
Under the law of 15 December 2017, applicable from January 2018, the paternity leave for fathers has been increased from 2 days to 10 days. These 10 days can be split and taken within the two months of child birth. Similar provision is applicable to parents on adoption of a child under 16 years.
sources: §233-16 of Labour Code 2006
Elternzeit
Parental leave is special leave granted to parents on birth or adoption of a child and can be availed before a child reaches the age of five years. The leave must be taken at least one and a half months before a child reaches the age of five years. Parental leave duration is six months. Parental leave cannot be split, i.e., it must be taken in full and at once (in one go). In agreement with the employer, parental leave may be availed as part time. In that case, the duration of leave is 12 months. Parental leave is individual entitlement and it cannot be transferred from one parent to the other. All employees are eligible for parental leave if they have worked for at least one year with the same employer (for at least 20 hours per week) and if they take care of the child at home.
Both parents cannot take parental leave at the same time. If both parents apply for parental leave, mother has priority. There is also first and second parental leave. The first parental leave is taken by either of the parents following maternity leave. The second parental leave is taken by the other parent until the child is 05 years old. Parental leave duration does not increase in the case of multiple births or single parents. There is also provision for unpaid parental leave of four-month duration if a parent does not take first parental leave and wishes to reserve the second parental leave to the other parent.
Employment relationship is suspended during parental leave; the employer is not required to pay an employee during parental leave of six months (full time leave). During parental leave of 12 months (part time leave), workers are entitled to at least 50% of their earnings. Parents are entitled to a monthly allowance (flat rate) paid by the National Fund for Family Services (CNPF). The parental leave allowance is set at a flat rate of €1,778.31 for a full-time leave and €889.15 for part-time leave regardless of the beneficiary's work before parental leave.
sources: §234(43-48) of Labour Code 2006; §306 of Social Security Code 1925, last amended in 2016
Flexible Arbeitsoption für Eltern / Ausgleich mit dem Arbeitsleben
Flexible working option is not clearly provided for parents.
In April 2019, Luxembourg has introduced a system of time banking for private sector employees to enhance flexible working and improve work-life balance.
A ‘time savings account’ (TSA) may be established by an organisation for its workers who have completed two years of service. A TSA may be established by a collective bargaining agreement or sectoral or national agreement. However, TSA is optional and an employee cannot be required to use it. The TSA can be credited with the additional annual leave days granted above the 26-day annual leave; overtime; compensatory rest days resulting from Sunday work. The maximum time credit is however limited to 1800 hours. A worker may use their banked hours after submitting a written request. However, it should not conflict with the work requirements or other workers’ request for time-off. A worker using hours from TSA is considered to be on paid leave. Worker has the right to return to his work on completion of requested time-off.
The amended law gives employees the right to request flexible working arrangements after six months of continuous service with the same employer, particularly if they are parents of a child under nine or provide personal care to a family member. Flexible arrangements include remote work, flexible hours, or reduced working hours for up to one year. Employers must respond to requests within one month and can only refuse or postpone with valid reasons. Employees can return to the original working regime at the end of the agreed period or request an earlier return due to changed circumstances. Termination of employment for requesting flexible arrangements is null and void; employees can appeal to the labour court within 15 days. During the agreed flexible period, the employer must maintain the job or provide a similar one. Non-compliance results in fines for the employer. Reprisals against employees for making requests are prohibited.
Source: Art. L. 236-1 of the of Labour Code 2006
