Leave & Absences

Unpaid Leave in Luxembourg: Personal & Training Regimes

Unpaid leave is not a general legal right in Luxembourg: except for the specific case of vocational training leave, an employee cannot demand it — it depends on the employer's agreement. This guide presents the two coexisting regimes, their respective conditions, their effects on the employment contract and social security coverage, and a practical checklist to prepare a request.

Topic: Leave & Absences Sources: ITM practical guidance · Guichet.lu · Labour Code Updated: 12 June 2026

The essential principle

Unpaid leave is not a general legal right in Luxembourg. Unlike what many employees believe, there is no provision in the Labour Code granting a general right to unpaid leave for personal reasons. The employee must therefore obtain the employer's agreement — which the employer may freely refuse.

There is, however, a specific legal regime for vocational training, which defines the rights and obligations of each party.

Two situations, two radically different regimes:
Personal leave → free mutual agreement, no legal right.
Training leave → legal regime with mandatory conditions, deadlines, and procedure.

1. Personal unpaid leave

Principle

Luxembourg law contains no specific provision for personal unpaid leave (ITM practical guidance). This type of leave rests entirely on a mutual and written agreement between the employer and the employee. The employer is free to grant or refuse it, without having to give reasons.

Legal effect: suspension of the employment contract

Once the agreement is in place, the employment contract is suspended for the agreed period:

  • The employer is relieved of the obligation to pay the salary.
  • The employee is relieved of the obligation to provide their work.

The contract is not terminated: the employment relationship continues, but is temporarily "put on hold".

Points that must be fixed in the written agreement

Since the law regulates nothing for this type of leave, everything must be agreed in writing between the parties. The following points are particularly important:

  • Seniority: does the unpaid leave period count towards seniority, or is it suspended? Without a clear provision, the issue remains uncertain and may give rise to a dispute.
  • Annual leave: do paid holiday entitlements accrue during the suspension? In the absence of a legal provision, the parties must agree on this point.
  • Social security coverage: during unpaid leave, no social security contributions are deducted via the employer. The employee must arrange a voluntary affiliation with the CCSS to maintain health insurance and continue accumulating pension rights (see Section 2).
  • Other paid work during the leave: may the employee work for another employer? The agreement must address this, particularly in light of any exclusivity clause in the original contract.
  • Return conditions: does the employee return to their exact role, or to an equivalent role? The notice period before the return should be specified.
An oral agreement is not recommended. In the absence of a legal framework, only a written agreement signed by both parties protects both sides in the event of a dispute.
Example — 3-month personal leave
An employee wishes to travel for three months and requests unpaid leave. The employer agrees.
A written agreement is drafted specifying: duration (3 months), no salary, no accrual of annual leave during the period, social security coverage at the employee's expense, return to the same role, 15-day notice before returning.
→ The contract is suspended for 3 months. The employee voluntarily registers with the CCSS to maintain coverage. At the end of the 3 months, they return to their role as agreed.

2. Unpaid leave for vocational training

Principle and legal basis

This regime is provided for by law and governed by ITM and Guichet.lu practical guidance. The employee has a right to apply for this leave, but the employer may refuse in specific, legally defined cases.

Eligibility conditions

  • Seniority: the employee must have at least 2 years' seniority with their employer, regardless of contract type (open-ended or fixed-term).
  • Procedure: the request must be sent by registered letter with acknowledgement of receipt, specifying the type of training, its duration, the training provider, and the requested dates.
  • Notice period: the notice period is 2 months (first request) or 4 months (renewal).

Duration

  • Each period must be at least 4 weeks and no more than 6 consecutive months.
  • The maximum cumulative duration over a career is 2 years.

Employer's response

The employer has 30 days to respond to the request. Silence on the employer's part counts as acceptance of the first requested period — an important protection for the employee.

Legally recognised grounds for refusal

The law expressly recognises two situations where the employer may refuse training leave:

  • The employee is a senior manager whose absence would disrupt the company's operations.
  • The company employs fewer than 15 employees.

Outside these two cases, a refusal may be challenged.

Social security coverage during training leave

During unpaid training leave, the employee receives no salary and is therefore no longer automatically covered by social security through their employment contract. They must voluntarily register with the CCSS (Caisse Commune de la Sécurité Sociale). Without doing so, health insurance is interrupted, pension contributions stop accruing, and other social protections may be suspended for the entire duration of the leave.

Voluntary registration with the CCSS is not automatic. The employee must take this step themselves, ideally before the leave begins.
Example — 4-month training leave
An employee with 3 years' seniority wishes to take a 4-month certified training programme with a recognised provider.
They send their request by registered letter with AR to their employer, 2 months before the desired start date, specifying the provider, dates, and nature of the training. The company has 25 employees and the employee is not a senior manager.
The employer does not respond within 30 days of receiving the letter.
→ The employer's silence counts as acceptance. The leave is granted. The employee voluntarily registers with the CCSS to maintain social security coverage for the 4 months.

3. Comparison table of the two regimes

Element Personal leave Training leave
Legal right No — employer consent essential Yes — legally regulated regime
Minimum seniority None 2 years minimum
Formal procedure Free written agreement between the parties Registered letter with acknowledgement of receipt required
Notice period To be agreed freely 2 months (first request) / 4 months (renewal)
Min. / max. duration Freely determined 4 weeks minimum / 6 consecutive months maximum
Cumulative duration Freely determined Maximum 2 years over a career
Employer's refusal Possible, without condition Legally limited to 2 cases (senior manager, <15 employees)
Employer's silence Not regulated Counts as acceptance of the first period (30 days)
Salary Not paid Not paid
CCSS registration To be provided for in the written agreement Voluntary registration required
Seniority / annual leave To be defined in the written agreement To be clarified in the agreement

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The information in this guide is provided for informational purposes only and does not constitute legal advice. It may contain inaccuracies or may not reflect the latest legislative or case-law developments. For any specific situation, please consult a qualified legal professional.