A new law dated 28 February 2022 has amended the law of 22 January 2021 and the Labour Code regarding leave for family reasons in the context of the COVID-19 pandemic. The right to this type of leave for family reasons has been extended until 30 April 2022 (inclusive).
As a reminder, leave for family reasons in the context of the pandemic is available to employees and self-employed persons with a dependent:
- child under 13 years of age who is subject to quarantine, isolation, eviction, removal, separation or house arrest for imperative public health reasons under a decision or recommendation by the competent authority. The 13-year age limit does not apply to children with one or more conditions that constitute a permanent impairment or diminution of at least 50% of physical or mental capacity compared to a child of the same age without a disability. The parent must be able to produce a certificate from the competent national authority attesting to the decision or recommendation;
- child between 13 and 18 years of age who is hospitalised under a quarantine or isolation measure decided or recommended by the competent national authority (this results implicitly from the Labour Code and explicitly from Luxembourg government websites);
- child who is vulnerable to COVID-19 according to a recommendation by the High Council for Infectious Diseases (Conseil supérieur des maladies infectieuses). The parent must be able to produce a medical certificate attesting to this vulnerability and the recommendation for the child not to attend school or a childcare facility;
- child born before 1 September 2017 and either under 13 years of age or still in the basic education system, following a decision to partially or totally close the relevant childcare facility. The parent must be able to produce a certificate issued by the competent Luxembourg public authority attesting to the situation;
- child born on or after 1 September 2016 who cannot be accommodated by the relevant childcare facility (which must be one that caters to young children) following a decision to close it for reasons related to the COVID-19 pandemic. The parent must be able to produce a certificate issued by the competent Luxembourg public authority attesting to the situation; or
- child under 13 years of age who attends a school or childcare facility that had to be closed in an isolated instance by the competent public authority for reasons related to the COVID-19 pandemic. The parent must be able to produce a certificate issued by the competent public authority attesting to the situation.
Employees using this leave for family reasons must inform their employer orally or in writing as soon as possible. The start and end dates of the leave must be communicated to the employer. The employee must fill in the request form for leave for family reasons in the context of the COVID-19 pandemic, sign it, and send it to the employer and the National Health Fund (Caisse Nationale de Santé) together with the relevant supporting documents.
Days of leave for family reasons that are taken because a child is in quarantine or isolation, or because the activities of the child’s childcare facility have been suspended, are not deducted from the number of family leave days legally available for sick children based on the child’s age group.
The law extending the right to benefit from a leave for family reasons came into force on 1 March 2022.
