Business Citizens

[Update] Leave for family reasons in connection with the coronavirus epidemic

In the context of the measures adopted by the Government to contain the spread of the coronavirus, a specific form has been drawn up for those parents who have to look after their child(ren) under 13 years of age, so that they will be able to benefit from leave for family reasons.

A new form is now available. The form must be completed and sent to the employer and to the CNS even if a previous form has already been sent.

Leave for family reasons may be taken by a parent of such a child if no other childcare options are available

If necessary, parents may alternate their leave for family reasons. In this case, each parent must send in a separate form.

It is also recommended that childcare should not be provided by a vulnerable person or a member of a group at risk.

The Extraordinary leave for family reasons (COVID-19) is an extraordinary leave, limited in time, that will not affect the balance of the regular for family reasons. It is treated separately from the regular balance of leave for family reasons.

The leave for family reasons in connection with the coronavirus epidemic is extended until the end of the suspension period for all school and childcare facility activities, currently scheduled for 19 April inclusive, including during the Easter holidays.

Who is entitled to leave for family reasons and who is not?

Children

One of the parents who is affiliated to the Luxembourg social security scheme (including non-residents) of one or more children under 13 years of age on condition that they are schooled and are concerned by the temporary closures of teaching structures in primary and secondary education, vocational training, childcare (crèches, daycare centres (maisons relais)...) etc.

Parents of children with a disability who are between 13 and 18 years old (or up to the age of 25) may benefit from the leave for family reasons provided they receive the special supplementary allowance for disabled children from the CAE.

 

Parents

Leave for family reasons is aimed at parents who:

  • are employed; or
  • are in a non-salaried activity; or
  • are self-employed.

Leave for family reasons may be taken by a parent of such a child if no other childcare options are available:

If one of the following persons can provide for the care of the parents' child or if another member of the household can provide for the care, e.g. because said person is benefiting from short-time work during the period of leave for family reasons applied for, then the parent of the child cannot benefit from leave for family reasons:

  • the other parent;
  • the parent's spouse;
  • another member of the household concerned.

Similarly, if another means of care is available, for example a specific structure made available allowing for the care of the child, then the parent is not entitled to use leave for family reasons.

Moreover, both parents (or spouse) cannot take leave for family reasons at the same time.

These limitations do not apply in the case of telework that remains work performed from home and during which the parent cannot provide care for the child.

What to do to be able to take leave for family reasons

A parent who needs to take leave for family reasons must inform his/her employer as quickly as possible, either verbally or in writing, and indicate the start and end date of said leave.

The parent must then fill in the appropriate form, sign it, and send it to both the National Health Fund (Caisse Nationale de Santé - CNS) and his/her employer. Employers will transmit the statement of actual days of leave for family reasons in accordance with the general procedure to the social security bodies.

Information on how to fill in the form

It is not necessary to indicate a start and end date on the form. These dates only need to be communicated to the employer.

A new form is now available. The form must be completed and sent to the employer and to the CNS even if a previous form has already been sent.

 

Electronic submissions

There are two options for electronic submission of the form:

  • print the document, sign it by hand, scan the form or take a photo and send it by email to cns-crf@secu.lu; or
  • save the form on your computer and then complete it electronically with Adobe Acrobat, sign et electronically with a LuxTrust smartcard, and send it by e-mail.

The subject line of the mail must contain the identification number (13-digit number).

Submission by post  

The form can be sent by post. The document must be printed, signed by hand, and sent to the following address:

CNS
Indemnités pécuniaires
L-2980 Luxembourg

Procedure for the self-employed and non-salaried

Self-employed persons can benefit from leave for family reasons.

The procedure consists of filling in the form and returning it to the CNS at the end of the period.

  • by email to cns-crf-nonsalaries@secu.lu, including the 13-digit national identification number in the subject line; or
  • by regular (non-registered) mail to the Pecuniary Allowances Department L-2980 Luxembourg 

The days that have been taken must be clearly identified.

Frequently asked questions about leave for family reasons

 

Who is concerned?

One parent who is affiliated to the Luxembourg social security scheme (including non-residents) of one or more children under 13 years of age provided that they are schooled and are concerned by the temporary closures of teaching structures in primary and secondary education, vocational training, childcare (crèches, daycare centres (maisons relais)...) etc. etc.

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

My child is 13 years old. Can I take leave for family reasons?

The statutory age limit for the child is the day before its 13th birthday. Parents of children who are 13 or older cannot take leave for family reasons under the present arrangements. Only the parents of children in hospital who are 13 or older are entitled to take leave for family reasons, and the number of days is limited to 5 (Art. 234-52 of the Labour Code).

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

My child is 13 years old and I can't take leave for family reasons. What can I do?

If parents are not able to take leave for family reasons, they may contact their employer with a view to working from home insofar possible.

Parents can also ask a neighbour or relative to look after their children. Nevertheless, a vulnerable person or a member of a group at risk should not be involved in childcare.

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

My child is disabled and is over 12 years old. Can I take leave for family reasons?

Parents of children with a disability aged 13 to 18 (or up to 25) can benefit from leave for family reasons if they are receiving the special supplementary allowance for disabled children from the CAE.

Can I look after a child of whom I am not a parent but who is in the care of the household in wich I live?

Yes, leave for family reasons can be taken by any member of a "patchwork" family who is not the child's biological parent, if it is imperative that the child's parent be present at their workplace.

The form does not indicate a starting or ending date. What do you have to do?

The form only serves to attest to the parent's employer and to the CNS that the parent is taking leave for family reasons. There is no need to indicate the start and end dates of the leave on the form.

The parent must contact his/her employer to inform it that he/she is taking leave for family reasons. The parent must also inform his/her employer of the days (or half-days) he/she will be taking as leave for family reasons.

Thereafter, it is the employer that informs the social security institutions of the specific days.

I have filled in the form. Do I have to go to see a doctor to get a certificate?

No.

The duly completed form has the same value as a medical certificate within the meaning of Articles L.234-53 and L.234-54 of the Labour Code as far as the employer and the CNS are concerned.

Can both parents take leave for family reasons at the same time?

No - only one parent can take this special leave at any one time. But they can take leave alternately, or divide it between them (one parent at a time).

I have taken leave for family reasons. Can I stop the leave and work for a few days, then go back on leave?

Yes.

A parent can interrupt and divide the leave into distinct periods as necessary. But the employer must be informed of any change as quickly as possible.

It is only necessary to complete and send one form per parent at the start of the leave.

Leave for family reasons can be taken per hour (and not only during half or full days).

In practice, a person can work for 5 hours and take leave for family reasons for the remaining 3 hours (in the case of a full-time position).

This will give more flexibility to the person concerned, and to a certain extent, limit the use of leave for family reasons to the periods of time where it is actually needed.

I would like to alternate the leave with my husband/wife - is that possible?

Yes.

Both parents can alternate leave according to their needs, on condition that both parents are affiliated to the Luxembourg social security scheme.

Each parent must fill in a separate form.

Example 1:
  • Parent 1 - Mondays and Tuesdays
  • Parent 2 - Wednesdays, Thursdays and Fridays

Example 2:

  • Parent 1 - mornings
  • Parent 2 - afternoons
Can I take leave on an hourly basis?

Yes.

Leave for family reasons can be taken per hour, and not only during half or full days.

In practice, a person can work for 5 hours and take leave for family reasons for the remaining 3 hours (in the case of a full-time position).

I'm on maternity (or parental) leave. Can my husband/wife take leave for family reasons?

In principle, if one parent is on maternity or parental leave, the other parent ought to continue working, possibly from home.

As a last resort, however (if there are no other options), it is possible to take leave for family reasons while teaching structures are closed.

I am divorced. Can both parents take alternating leave?

Yes, on condition that they are both affiliated to the Luxembourg social security scheme. Each parent can take alternating leave (one parent at a time) for his/her dependent child.

I'm self-employed. Can I take leave for family reasons?

Yes, as a self-employed worker, you are entitled to leave for family reasons.

You have to complete the form and send it to the CNS by email to cns-crf-nonsalaries@secu.lu or by post (standard mail) to "Service Indemnités pécuniaires" L-2980 Luxembourg at the end of the period of leave and clearly indicate the days of leave taken.

I work in Luxembourg, but my child attends a teaching structure abroad. Can I take leave for family reasons?

Yes.

If the parent is affiliated in Luxembourg and the child attends school abroad, the parent may request leave for family reasons if the public authorities decide to close the teaching structures.

The procedure is the same as for a parent resident in the Grand Duchy: the employer must be informed (specifying the days concerned) and the duly completed form sent to both the CNS and the employer.

Which teaching structures are concerned?

The structures concerned are those decided by the Government Council on 12 March 2020. The measure applies to:

  • primary education;
  • secondary education;
  • vocational training;
  • special education and counselling centres (centres de compétences) for pupils with special needs;
  • music teaching;
  • boarding schools;
  • residential schools;
  • social therapy centres;
  • reception facilities (crèches, daycare centres (maisons relais), and childminders);
  • youth centres;
  • University of Luxembourg;
  • National Institute for Languages and adult training.
Can an employer refuse leave for family reasons?

No.

If the parent has followed the statutory procedure (i.e. informing his/her employer and submitting the duly completed form), the employer cannot refuse the leave for family reasons. The request has the same value as a medical certificate within the meaning of Articles L.234-53 and L.234-54 of the Labour Code as far as the employer and the CNS are concerned.

The amended Regulation refers to "a child in quarantine". Does it still apply if a teaching structure has been closed down?

Yes.

The measures the Government has adopted are aimed at containing the spread of the COVID-19 coronavirus. That means that even if a child is not in quarantine, one of its parents is still entitled to take leave for family reasons in order to care for the child, on condition that the child is concerned by the closure of a teaching structure.

The request has the same value as a medical certificate within the meaning of Articles L.234-53 and L.234-54 of the Labour Code as far as the employer and the CNS are concerned.

I'm an employer. What should I do?

The procedure is the same as for any request for leave for family reasons. The employee must inform their employer, and then send in the form, duly completed.

The request has the same value as a medical certificate within the meaning of Articles L.234-53 and L.234-54 of the Labour Code as far as the employer and the CNS are concerned.

Thereafter, the statement listing the days actually taken as leave for family reasons must be transmitted using the usual procedure.

I am an employer. How will the salaries be reimbursed during holiday periods?

 

The Joint Social Security Centre (CCSS) will proceed with the liquidation of an advance on the financial compensation for the extraordinary leave for family reasons granted to parents of children affected by the temporary closures of basic and secondary education establishments, vocational training and childcare facilities, etc.

This measure is intended to advance a substantial part of the reimbursement of salaries that employers must continue to pay to the parents concerned and which would normally not be made before May 2020 by the Employers' mutual insurance scheme (Mutualité des employeurs).

The CCSS will contact the employers potentially affected by the extraordinary leave for family reasons in order to provide them with the necessary information to request such an advance on the reimbursement from the Employers' mutual insurance scheme. The advance will be liquidated in mid-April 2020.

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