Parental leave in Luxembourg: the complete point
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JUNE 13, 2019
Reading time: 4 min
You work in Luxembourg and will soon be a parent: a wonderful adventure is waiting for you, but already, many questions are bothering you. You wonder about your future work / life balance : you would like to make the most of your child and consider applying for parental leave. What is the instruction ? How to start ? Do not panic, we explain everything.
Parental leave: for both parents
First of all, some precisions are necessary. Remember that parental leave should not be confused with :
- Maternity leave which, divided into prenatal leave and postnatal leave, concerns the pregnant woman;
- The paternity leave which is addressed to young dads and is in the form of an extraordinary leave of a duration of 10 days, on the occasion of the arrival of the child.
Parental leave is for both parents .
In Luxembourg, there are two types : we are talking about the first and the second parental leave. They can be taken simultaneously by the father and the mother who exercise a professional activity in the country.
Two types of parental leave
The first parental leave must be taken by the father or mother just after the maternity leave (or, in case of adoption, following the home leave ). Otherwise, the right to parental leave is lost as well as the related allowance (an exception exists for solo parents).
The second parental leave may be asked later, but it must start before the 6th anniversary of your little one, and if it is of an adopted child, before his 12th birthday.
Who is entitled to parental leave?
Whether you are a civil servant, employee, apprentice or self-employed, cross-border or resident, if you become a parent, you are entitled to parental leave. To benefit from it, however, certain conditions must be met. You must :
- To be compulsorily affiliated to the Luxembourg social security ;
- Work a minimum of 10 hours per week (all activities combined) ;
- Be under contract for the entire period of parental leave (if you are an employee or under an apprenticeship contract).
The duration of parental leave
The length of your parental leave will depend on the number of hours you normally work. Depending on your professional situation, you can arrange your leave in different ways.
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You can claim leave:
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4 or 6 months, full time: |
8 or 12 months, part time: |
From 4 x 1 month, for a period of 20 months max: |
From 1 day or 2 half days, for a period of 20 months max: |
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You work full time (40 hours a week): |
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x |
x |
x |
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You are independent: |
x |
x |
x |
x |
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You work 20 hours a week or more: |
x |
x |
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You work 10 hours a week or more: |
x |
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You are an apprentice: |
x |
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You have several employers: |
x |
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You work at the same time as an employee and as an independent: |
x |
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What steps must be taken?
The first step is to inform your employer of your desire to benefit from parental leave and to define, with him, the terms of the latter (duration, adjustment of your schedule ...). Your "official" request must be sent in writing (registered letter or hand-delivered, with acknowledgment of receipt):
- At least 2 months before the start of maternity leave (or in the case of adoption, before the start of the home leave) for the first parental leave ;
- At least 4 months before the desired date of the beginning of your second parental leave.
When you have an agreement, you must perform a ask the CAE (Caisse for the Future of Children) to be able to be paid during your break.
How much does one make during a parental leave?
During this period, we receive a replacement income , paid by the EAC : this is the parental leave allowance. It is calculated on the basis of an average of your income (cash for your pension) over the last twelve months.
To get an idea of your gross income, you can use the EAC calculator . For example, if you work full time (40 hours / week) and take full-time parental leave as well, you can expect to earn between 2071.10 euros and 3451.83 euros gross.
Can the employer refuse to grant parental leave?
No, whether it is the first or the second parental leave. Regarding the first parental leave, your employer can not postpone it either. However, he has the right to refuse that it takes place part-time or in a fractional way.
For the second, he may, under certain conditions, request a postponement of your leave . He may also refuse that it be taken part-time or in a fractional way.
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