- 06 Apr 2021
- Dorothée David
The Law of 2 April 2021 modifying the law of 22 January 2021: 1° modifying articles L. 234-51, L. 234-52 and L. 234-53 of the Labour Code; 2° introducing a temporary exemption from the provisions of articles L. 234-51, L. 234-52 and L. 234-53 of the Labour Code, was published in Mémorial A no. 268 of 2 April 2021.
The following provisions are extended from 3 April 2021 until 17 July 2021 inclusive:
- In particular, leave can be claimed for family reasons by employees responsible for:
- a vulnerable child, as long they produce a medical certificate confirming this vulnerability and the reasons why they should not go to school or a childcare setting, namely an early years education and childcare service, an education and childcare service for school-aged children, a mini-crèche or a childminder;
- a child born before 1 September 2017 under the age of thirteen or who has not left primary education, when a ministerial decision has been made to partially or totally close schools or childcare settings as defined in point 1 (as long as they accept children enrolled in school), as long as a certificate can be obtained confirming the situation issued by the Ministry of National Education, Children and Youth;
- a child born after 1 September 2016, when a ministerial decision has been made to partially or totally close childcare settings as defined in point 1 (as long as they accept young children), and as long as a certificate can be obtained confirming the situation issued by the Ministry of National Education, Children and Youth;
- a child under the age of thirteen who attends a school or childcare setting as defined in point 1 which, for reasons connected to the health crisis, has been closed as a one-off by the competent public authority, as long as a certificate can be obtained confirming the situation issued by the competent public authority.
- 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.
- For schools and care settings based outside Luxembourg that have been closed in full, in part or as a one-off due to the health crisis connected to the Covid-19 pandemic, an official document issued by the competent authority in the relevant country confirming the situation must be included with the beneficiary’s application.
- 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 National Education, Children and Youth or the competent public authority or by an official document issued by the competent authority in the country in question, for the circumstances stipulated in points 2, 3 and 4 above.
- In all circumstances, the employee benefiting from leave for family reasons is regarded as covered by a medical certificate as stipulated in article L. 121-6 paragraph 2 of the Labour Code, in relation to the employer and the Caisse Nationale de Santé (CNS).
To this end, the CNS has provided a new form for leave for family reasons applicable as of 3 April 2021, to be completed and signed by the employees in question and submitted to the employer and the CNS.
An information note published by the FEDIL explains that this form can be used by the cross-border workers affected, even if a decision to close schools and or childcare settings has not been made in Luxembourg.
- Employees actually benefiting from a short-time working scheme as stipulated 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.