- 05 Jan 2021
- Eloïse Hullar
The Law of 24 December 2020 introducing an exemption from the provisions of articles L. 234-51 and L. 234-53 of the Labour Code, was published in Mémorial A no. 1083 of 24 December 2020 and came into force on 28 December 2020.
The Law provides that until 20 January 2021 inclusive, leave can be claimed for family reasons in particular by employees responsible for:
- a vulnerable child as long as they produce a medical certificate confirming this vulnerability and the contraindication to go to school or a care setting;
- a child under the age of thirteen, who, for reasons connected to the health crisis, cannot go to school or a care setting, or who benefit from remote learning, as long as they produce a certificate confirming the relevant situation issued by the Ministry of Education, Children and Youth.
- a child born since 1 September 2016.
The Law provides that for schools and care settings based outside Luxembourg, an official document issued by the competent authority in their country of residence must be included with the beneficiary’s application.
In addition, the Law provides that the age limit of thirteen years does not apply to children who receive a special supplementary allowance (“allocation spéciale supplémentaire”) in accordance with article 274 of the Social Security Code.
The absence of the employee benefiting from the leave must be justified by:
- a medical certificate, for the circumstances stipulated in point 1 above;
- a certificate issued by the Ministry of Education, Children and Youth or an official document issued by the competent authority in the country in question, for the circumstances stipulated in point 2 above.
In all circumstances, the employee benefiting from leave for family reasons is regarded as covered by a medical certificate as provided for in article L. 121-6 paragraph 2 of the Labour Code, in relation to the employer and the National Health Fund (CNS).
The Law provides that employees actually benefiting from short-time working as provided for in articles L. 511-1 to L. 511-15 and L. 512-7 to L. 512-10 of the Labour Code cannot claim extraordinary leave for family reasons.