Background
The EU Directive on work-life balance for parents and carers, which entered into effect on 1 August 2019, focuses on promoting equality between men and women and on addressing the underrepresentation of women in the labor market by establishing rights to paternity, parental, and caregivers’ leave. EU member states were given a three-year deadline to enact local legislation complying with the directive by August 2022. While most countries transposed the Directive within the designated timeframe, other jurisdictions, such as Luxembourg and Spain, missed the deadline. Luxembourg has now remedied this issue.
Key details
The most significant changes introduced by the legislation include the following:
Force majeure leave
Employees are now entitled from date of hire to one day of paid leave over a twelve-month period, not a calendar year, in the case of urgent and unforeseen family issues, as well as situations where the employee’s immediate presence is required to care for family members or for cohabitants.
At the latest, employees must notify the employer on the day of the absence. The notification may be provided personally or through an intermediary and in writing or orally.
Carers’ leave
Employees are now entitled to five days of paid carers’ leave over a twelve-month period, not a calendar year, to assist and care for family members (son, daughter, mother, father, or spouse) and cohabitants in the case of a serious medical reason as certified by a medical doctor.
At the latest, employees must notify the employer on the day of the absence. The notification may be provided personally or through an intermediary and in writing or orally.
Employees are required to provide their employer with a medical certificate attesting that the family member or cohabitant of the employee is in need of care. Employees must also provide proof of family affiliation or of the same address for cohabitants. This documentation must be provided on the third day of absence at the latest.
The force majeure leave and the carers’ leave are paid by the employer. The employer may send a request for reimbursement to the Ministry of Labour, Employment and the Social and Solidarity Economy via MyGuichet.lu. Reimbursement is limited to 50% of the salary paid, with a maximum of five times the legal monthly social minimum wage for unskilled workers.
Paternity leave
Current paid paternity leave is equal to 100% of the employee’s salary and is payable for 10 days per childbirth. This legislation extends paternity leave to self-employed workers, as well as to partners, including the second parent in same-sex couples. The leave applies to natural birth parents as well as to employees fostering and adopting a child until age 16. The leave must be granted when requested, unless the timing of the leave conflicts with the business’s operational needs.
This leave is paid by the employer. The employer may send a request for reimbursement to the Ministry of Labour, Employment and the Social and Solidarity Economy via MyGuichet.lu. The government will then reimburse the employer at 100% up to a ceiling from the 17th hour onwards.
Flexible working arrangements
Employees with six months of service with their employer, who are parents or caregivers of children aged nine and under, have the right to request a flexible working arrangement. Flexible work arrangements include teleworking, flexible working hours, and a reduction of working hours. The requested flexible working arrangement cannot exceed a period of one year.
Employers must respond to such requests within one month. Refusals to grant flexible work requests, or their postponement, must be justified in writing and sent to the employee by registered letter with acknowledgment of receipt. If the employer grants a flexible working arrangement request, they must ensure the employee is maintained in the same or a similar job.
Next steps
Employers should ensure compliance by amending their HR internal policies and practices, employment agreements, company-level collective bargaining agreements, and family-related benefits and policies, as needed.
Employers should be aware that dismissals, without cause, of employees who utilize their rights under this legislation will almost certainly not be upheld. In addition, employers who do comply with this legislation will face penalties from EUR 251 to EUR 2,500 (penalties may be doubled when an offense is repeated).
