Coronavirus: New procedure for leave taken for family reasons | Companies affected by the lockdown: extension of the deadline for short-time working applications for February 2021

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Date:
28 Jan 2021

Newsflash

By:
Eloïse Hullar
  1. New procedure for leave taken for family reasons

The Law of 22 January 2021 modifying articles L. 234-51, L. 234-52 and L. 234-53 of the Labour Code and 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. 45 of 22 January 2021.

The Labour Code now provides that an employee is entitled to leave for family reasons “if they have a child under the age of thirteen who has to quarantine or if they have a child under the age of thirteen who has been forced to self-isolate or has been expelled, excluded, segregated or kept at home, for compelling reasons of public health, dictated or recommended by the competent national or foreign authority, with a view to limiting the spread of an epidemic”. In such circumstances, the employee’s absence is justified by a certificate issued by the competent national or foreign authority confirming the decision or recommendation.

The Law also provides that from 21 January 2021 until 2 April 2021 inclusive, employees responsible for any of the following are entitled to leave for family reasons:

  1. 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; 
  2. a child born before 1 September 2017 under the age of thirteen 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; 
  3. 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; 
  4. 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 other exemptions provided by the Law of 24 December 2020[1] (see our Newsflash of 5 January 2021) are covered by the Law of 22 January 2021. 

  1. Companies affected by the lockdown: extension of the deadline for short-time working applications for February 2021

According to a press release issued on 26 January 2021 by the Ministry of the Economy, companies forced to stay closed due to an administrative closure (“fermeture administrative”) which had not yet submitted a short-time working application for February 2021 could, as a one-off, benefit from an extension to the deadline until 1 February 2021 inclusive, exclusively via the MyGuichet.lu website, in order to benefit from the 100% short-time working rate during the closure.

A fact sheet about Short-time work during the "partial lockdown" period for the Horeca sector is available on the website Guichet.lu.

 

 

[1] The Law of 24 December 2020 introducing exemptions to the provisions of articles L. 234-51 and L. 234-53 of the Labour Code.