Individual training leave

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Individual training leave is a special type of leave that is granted to allow applicants to:

  • attend training courses, and prepare for and sit exams; or
  • engage in any other activity undertaken as part of an eligible training course.

The completion of the training course would allow these persons to:

  • make a career change;
  • enhance their competitiveness;
  • extend their knowledge.

Individual training leave is paid for:

  • by the employer, if the applicant is employed;
  • by the State, if the applicant is self-employed.

This type of leave is not the same as unpaid leave for training purposes.

Who is concerned

The following persons are eligible for individual training leave:

  • employees who:
    • work in the private sector in Luxembourg (regardless of their place of residence); and
    • have an employment contract with a business or association that is legally established and operating in Luxembourg; and
    • have been working for their employer for at least 6 months at the time they request leave;
  • self-employed workers (or people in so-called liberal professions) who:
    • have been registered for at least 2 years with the Luxembourg social security office; and
    • reside in Luxembourg; and
    • work in Luxembourg;
  • persons who:
    • have an apprenticeship contract; and
    • are preparing for and competing in an international, European or Luxembourgish trades competition.

The employer must respond to the employee's request.

Prerequisites

Eligible training courses are those offered, either in Luxembourg or abroad, by:

  • professional chambers;
  • foundations, natural persons and private associations that are accredited by the Minister of Education, Children and Youth (MENEJ);
  • institutions which:
    • have been granted public or private school status, recognised by the public authorities;
    • issue certificates validated by the same authorities;
  • communal authorities;
  • ministries, administrations and public establishments.

Individual training leave cannot be requested for training courses:

Deadlines

The request must be submitted 2 months before the start of the leave requested.

How to proceed

Filing an application

The application can be submitted:

  • in the case of self-employed workers/liberal professions:
  • in the case of employees:
    • by post, by:
      • filling out a downloadable application form; and
      • submitting it to their employer for their opinion; and
      • sending it to the Department of Vocational Training at the MENEJ.

The course does not have to be directly related to the individual's current professional position. The course can take place during working hours, or on evenings or weekends.

Supporting documents

Applicants must enclose the following with their application:

  • a certificate of enrolment showing the total number of hours (training courses, examinations, etc.); and
  • a social security registration certificate; and
  • a copy of the employment contract, in the case of employees.

Negative opinion on the part of the employer

The employer cannot deny the employee's application for training leave, but may express a negative opinion on the form.

In the event of a negative opinion:

  • the leave can be postponed:
    • once; and
    • if the employee's absence is likely to have a negative impact on:
      • the proper operation of the company; or
      • the scheduling of the other employees' annual leave;
  • the employee can still send their completed application to the Ministry. In this event, the Minister:
    • will forward it to an advisory committee, which will issue an opinion on the postponement schedule; and
    • will reach their decision based on this opinion.

Time limit for a response

Normally, the applicant and their employer will receive a response to their request at least 2 weeks before the leave is due to start.

If the applicant needs to sit an exam, they may be exempted from complying with the required time limits. In that case, it is advisable that they submit their application as soon as they learn of the dates of their exam(s).

Obligations of persons who have taken a training course

The person who has taken a training course must obtain, from the training institution, a statement, in triplicate, certifying that the leave has indeed been used for the purpose for which it was granted.

Once received, this statement must immediately be submitted to the employer, in duplicate.

Calculating the number of days of individual training leave

The total number of days of training leave to which the beneficiary may be entitled will depend on the number of hours required for the training. The number of hours in question is:

  • defined by the training organisation; or
  • determined on the basis of the school's or training institute's course schedules.

The number of required hours is converted into a number of working days, that is to say:

  • in the case of a full-time employee, the number of hours of training is divided by 8 hours to obtain the number of days of training;
  • the number of days of training is then divided by 3 to obtain the number of days of training leave;
  • this number is rounded down to the nearest whole number if necessary.

Example:

The beneficiary attends 30 hours of training, namely:

  • 30 / 8 = 3.75 days of work;
  • 3.75 / 3 = 1.25 days of training leave;
  • to be rounded down to the nearest unit, i.e. 1 day of individual training leave.

A 30-hour training course therefore converts to 1 day of individual training leave.

Duration of the individual training leave

The period of training leave:

  • is treated as a period of ordinary work; and
  • may not be deducted from the employee's annual leave.

Maximum duration

All workers are entitled to 80 days of training leave, which they can take at any time during their working life.

These 80 days may be split into several periods of leave, with up to 20 days of leave at the most over a 2-year period.

Each 2-year period begins with the year in which the first individual training leave is taken.

There is a special scheme for persons with a progressive disease which requires them to take specific courses in order to ensure:

  • their continued employment; or
  • their ability to find employment.

These persons are eligible for additional training leave days, regardless of the number of hours invested in their training.

Minimum duration

The minimum duration of training leave is one day.

Therefore, applicants must enrol in a training course providing for at least 24 hours of training to be eligible for individual leave (24 hours / 8 = 3 working days / 3 = 1 day of training leave).

Allowances for individual training leave

A compensatory allowance for each day of individual training leave is:

  • advanced to the employee by their employer. This allowance:
    • is equal to the average daily wage;
    • may not exceed 4 times the social minimum wage for unskilled workers;
  • paid directly by the State, in the case of self-employed workers or persons exercising a liberal profession. The allowance:
    • is determined based on the income in the last financial year, used as the earnings base to calculate contributions to the pension fund;
    • may not exceed 4 times the social minimum wage for unskilled workers.

Reimbursement

The employer/self-employed worker/person exercising a liberal profession must file a declaration of reimbursement. The declaration must be filled out and submitted:

The employer/self-employed worker/person exercising a liberal profession must attach the following to the declaration:

  • the certificate of attendance that was given to the beneficiary of the training leave;
  • a copy of the ministerial approval;
  • for employers:
    • copies of the payslips for the period in which the leave is taken;
    • a certificate from the employer stating the precise dates of the training leave taken;
    • a copy of the letter from the Joint Social Security Centre specifying the rate of contribution to the Employers' Mutual Insurance Scheme (Mutualité des employeurs); or
    • a copy of the letter from the Joint Social Security Centre specifying the rate of contribution to the Accident Insurance;
  • for self-employed workers/liberal professions: the income certificate showing the income in the last tax year used as the contribution base for pension insurance.

The employer will receive the compensatory allowance, as well as the employer's share of the social security contributions.

Possible sanctions in the event of false declarations

In the event of inaccurate or incomplete declarations, the beneficiary must:

  • immediately repay the allowances received;
  • pay interest at the legal rate for the period from the day the allowances were paid out until the day they were reimbursed.

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