Family Leave (Sick Child) in Luxembourg
Family leave allows a parent to be absent from work to personally care for a sick child under 18 years of age. The salary is maintained by the employer, who is then reimbursed by the Caisse nationale de santé (CNS) or the Mutualité des employeurs (MDE). This right applies to employees, apprentices and self-employed persons.
1. Eligibility conditions
Who is entitled?
Family leave is available to:
- any employee bound by an employment contract;
- any apprentice;
- any self-employed person affiliated with the Luxembourg social security system.
Conditions relating to the child
The following conditions must be met:
- the child is under 18 years of age;
- the child is sick (illness certified by a medical certificate);
- the parent is personally caring for the child, no other appropriate care arrangement being available.
2. Duration by child's age
The maximum duration of leave varies according to the child's age. The durations below are expressed per calendar year:
| Child's age | Maximum duration per year |
|---|---|
| 0 to 4 years (not yet reached) | 12 days |
| 4 to 13 years (not yet reached) | 18 days |
| 13 to 18 years (not yet reached) | 5 days |
3. Procedure: medical certificate and notification
Mandatory medical certificate
Entitlement to leave is conditional on presenting a medical certificate issued by the child's doctor. This certificate must:
- confirm the child's illness;
- indicate the expected duration of the need for care;
- be submitted to the employer as soon as possible;
- be sent to the CNS for reimbursement processing.
Notification to the employer
The employee must inform their employer of the absence as soon as possible and provide the medical certificate. There is no specific notice period given the unpredictable nature of a child's illness, but notification must take place as quickly as possible.
4. Remuneration and reimbursement
Salary maintenance by the employer
During family leave, the employer continues to pay the salary under normal conditions. The employee suffers no loss of remuneration.
Reimbursement to the employer
The employer is then reimbursed for the salary maintained:
- by the Caisse nationale de santé (CNS) for employees under the general scheme;
- by the Mutualité des employeurs (MDE) depending on the case.
The reimbursement request is made by the employer on the basis of the medical certificate provided by the employee.
5. Employee protection
An employee taking family leave benefits from the following protections:
- the employment contract is maintained throughout the leave;
- the duration of the leave is taken into account for calculating seniority;
- exercising the right to family leave cannot, in itself, justify a disciplinary measure or dismissal.
A question about your right to family leave or a specific situation?
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