Who is concerned
Family hospice leave for nursing a dying or seriously ill person may be requested by any person who has:
- animmediate relative (mother/father, mother/father in law, daughter/son or daughter/son in law) in the terminal phase of a serious illness;
- a second-degree collateral relative (sister/brother, sister/brother in law) in the terminal phase of a serious illness;
- or a spouse (wife/husband) or partner (legally recognised) in the terminal phase of a serious illness.
How to proceed
Submitting the application for family hospice leave
Applicants are required to inform their employer, either in person or via an intermediary (orally or in writing – fax, email or text message), on the first day of absence at the latest.
Moreover, applicants have to send the following to the CNS (national health fund):
- the duly completed application form for family hospice leave;
- the certificate granting family hospice leave issued by the general practitioner;
- if the dying person has no national identification number (13-digit number - matricule) in Luxembourg, a copy of the birth certificate, of the family record book or of the identity card.
Granting family hospice leave
After having checked that the conditions for granting the leave are met, the CNS confirms the leave by sending a family leave booklet (carnet d’accompagnement) to the address given by the applicant on the application form.
This booklet includes:
- a set of forms entitled: Justification of absence for family hospice leave (Justificatif d'absence pour congé d'accompagnement);
- individual stickers to be affixed on the forms, each one representing a credit of one hour of family hospice leave.
Only one family leave booklet will be issued and made available to each beneficiary taking family hospice leave.
When the leave is actually taken, each justification of absence for family hospice leave form must be completed by affixing on the back the number of stickers corresponding to the number of hours of declared family hospice leave.
The completed justification of absence for family hospice leave form must be given to the employer.
Duration of family hospice leave
The duration of family hospice leave cannot exceed 5 working days (or 40 hours) per dying relative per year and ends on the date of the person's death.
Family hospice leave may be split up into several periods and may also be taken on a part-time basis in agreement with the employer.
Two people can share the family hospice leave granted, but its total duration cannot exceed 40 hours.
Employees in part-time contracts are also entitled to a maximum of 40 hours family hospice leave.
Family hospice leave and the working relationship
Fixed-term employment contracts
A salaried worker with a fixed-term employment contract (CDD) is entitled to family hospice leave.
If the fixed-term employment contract ends during the period of family hospice leave, so too does the entitlement to family hospice leave.
Employees in their trial period are also entitled to family hospice leave. However, in this case, the trial period will be extended by a period equal to the duration of the leave.
Protection against dismissal and end of the employment contract
The family hospice leave period is considered as a period of incapacity for work due to illness or accident.
During this time, the legal provisions regarding social security and protection against dismissal continue to apply to the beneficiaries.
Employers who have been informed on the day of the salaried worker's absence for family hospice leave are not allowed to give the salaried worker notice of termination of their work contract or to summon them to a pre-dismissal interview.
The termination of a contract in violation of the aforementioned provisions is considered unfair dismissal, and gives rise to entitlement to damages.
However, this protection does not apply if:
- beneficiaries fail to inform their employers on the first day of their absence;
- the notification of absence is made after receipt of the letter of dismissal or the summons to the pre-dismissal interview;
- the beneficiary was guilty of serious misconduct.
Any dispute between the employer and an employee relating to family hospice leave is under the jurisdiction of the labour tribunals.
Forms / Online services
Demande d'octroi d'un congé d'accompagnement d'une personne en fin de vie