Luxembourg
The Luxembourg Parliament recently approved a new Bill clarifying employee holiday entitlements when two paid public holidays fall on the same day, as is the case with the upcoming public holidays: Ascension Day and Europe Day, which both fall on 9 May 2024. Bill 8266 is expected to enter into effect sometime before May 2024 (exact date to be determined).

Key details

When two public holidays fall on a normal working day on which the employee would have worked, the employee will be entitled to an additional paid day off, as well as the paid day off observing the public holiday. The additional day off must be taken within three months of the observance of the public holiday in question.

When two public holidays fall on a working day on which the employee would not normally have worked, the employee remains entitled to two paid days off. Those days must be taken within three months of the observance of the public holidays in question or before 31 December of the calendar year in which the public holiday was observed, if business needs do not allow the paid day off to be used within the three-month timeframe.

When the two public holidays fall on a day normally worked as a half day (fewer than 4 hours), employees will be entitled to two half days off, paid at the normal hourly rate. The paid half days must be taken within three months of the observance of the public holidays in question.

If an employee is obligated to work on a day on which two public holidays fall, the employee is entitled to:

  • One paid day off, for the 1st public holiday, to be taken with three months from the observance of the public holidays in question.
  • Financial compensation equal to the number of hours normally worked, paid at the normal hourly rate, for the 2nd public holiday.
  • Remuneration for the actual hours worked on the public holiday in question, payable at 200% of the normal hourly rate.

If an employee fails to use their paid time off within the allotted timeframe, employers are not permitted to provide financial compensation in lieu of the paid time off.

Next steps

Employers should monitor the implementation timeline of the Bill and review their internal leave policies to ensure compliance with the new public holidays rules once passed.

Bill 8266 2381_res_1.doc (live.com)