Maternity, Paternity and Parental Leave in Luxembourg

1. Maternity leave

Duration and structure

Maternity leave consists of two mandatory periods during which work is prohibited:

• Pre-natal leave: 8 weeks before the presumed date of birth (Art. L.332-1).
• Post-natal leave: 12 weeks following delivery (Art. L.332-2).

The minimum total duration is therefore 20 weeks.

Adjustments based on actual delivery date

The law provides two adjustment mechanisms:

• Birth before the presumed date: the unused portion of pre-natal leave is automatically added to post-natal leave, which remains a minimum of 12 weeks.
• Birth after the presumed date: the work prohibition is extended until actual delivery without reducing the 12-week post-natal leave.

Rights and protections on return

At the end of maternity leave, the employee is entitled to the following protections (Art. L.332-3):

• reinstatement in her position or, if impossible, in a similar role matching her qualifications with at least equivalent pay;
• maternity leave counted towards seniority;
• retention of benefits acquired before departure;
• entitlement to improvements in working conditions that occurred during the absence;
• maternity leave treated as actual work for annual leave calculation purposes; any annual leave not taken before maternity leave begins is carried over.

2. Paternity leave

Entitlement and beneficiaries

Paternity leave is an autonomous right to 10 working days (80 hours for a full-time employee). It is available to:

• the father employed under a contract of employment;
• self-employed fathers;
• the person legally recognised as the child's second parent.

It may be taken on the birth of a child or on the adoption of a child under the age of 16.

Formality

The employee must notify their employer in writing at least 2 months before the desired start date of the leave. Notification as soon as the presumed birth or adoption date is known is strongly recommended.

Financial arrangements

The employer covers the first 16 hours (first 2 days). From the 17th hour onwards, the State reimburses the employer on request to the Ministry of Labour. The employee's full pay is maintained throughout the entire leave period.

3. Parental leave: conditions and formats

Eligibility conditions (Art. L.234-43)

To be entitled to parental leave, the parent must cumulatively satisfy the following conditions:

• be raising the child in their home and primarily responsible for the child's upbringing;
• the child must not yet have reached the age of 6 (raised to 12 for adopted children);
• be engaged in professional activity totalling at least 10 hours per week (under one or more contracts);
• be compulsorily affiliated to Luxembourg social security without interruption for at least 12 consecutive months immediately before the leave begins.

The three formats of parental leave (Art. L.234-44)

4. Parental leave: organisation and deadlines

First parental leave (Art. L.234-45)

The first parental leave must be taken consecutively following maternity or adoption leave. Failure to observe this consecutive requirement forfeits the first parental leave entitlement, subject to the specific rules applicable depending on the parent's situation.

The notification must be sent to the employer by recorded delivery letter at least 2 months before the expected start of maternity leave. Where the request is for full-time leave, the employer is required to grant it.

Second parental leave (Art. L.234-46)

The second parental leave may be taken at any point until the child turns 6 (or 12 for adopted children). It must be notified to the employer by recorded delivery letter at least 4 months before the desired start date.

In exceptional and strictly defined cases, the employer may require a postponement of the second parental leave. Legally recognised grounds include:

• a company with fewer than 15 employees;
• a proven labour shortage;
• an employee holding a senior management position.

Any postponement must be justified and the employer must propose an alternative to the employee. A definitive refusal of the second parental leave is not permitted.

5. Employee protection and end of parental leave

Protection against dismissal (Art. L.234-47 §8)

From the last day of the parental leave notification deadline and throughout the entire leave period, the employer may not:

• notify termination of the employment contract;
• convene the employee to a pre-dismissal meeting.

Any dismissal in breach of this protection exposes the employer to annulment of the measure and to the legal consequences provided for by law.

Job preservation, seniority and training (Art. L.234-47 §9-10)

• The employer must preserve the employee's position or a similar role with equivalent pay on return.
• The duration of parental leave counts towards seniority.
• The employee retains access to continuing professional development measures during the leave.

End of leave and return to work (Art. L.234-47 §13)

At the expiry of parental leave, the employee must return to work without delay. If they decide not to return, they must notify the employer by recorded delivery letter within a period equal to their resignation notice.

6. Compensation: maternity and parental leave

Maternity allowance (Art. CSS I-25)

The maternity allowance is paid by the National Health Fund (CNS) to employees who satisfy the following conditions:

• compulsory affiliation to Luxembourg social security;
• affiliation for at least 6 months during the year preceding the start of maternity leave.

The amount of the allowance is equal to the sickness cash benefit, calculated on the basis of the insurable salary.

Parental leave allowance (Art. CSS IV-308)

The parental leave allowance is paid by the Future of Children Fund (CAE). The procedure for employees is as follows:

• the application for the allowance must be submitted in writing to the CAE;
• for employees, the form must be certified by the employer and submitted to the CAE within the fortnight following notification of the leave to the employer.

Paternity leave

For the 10 days of paternity leave, pay is maintained by the employer in full. From the 17th hour of leave, the employer may claim reimbursement from the State through the Ministry of Labour.