Last update 21.08.2023
Leave for reasons of force majeure is a special 1-day leave granted to you, as an employee, over a 12-month employment period for reasons of force majeure.
The State pays 50 % of the cost of this leave, but only upon application by the employer to the Ministry of Labour, Employment and the Social and Solidarity Economy.
Anyone with an employment contract is entitled to this special leave.
You are entitled to it as soon as you are employed by a company. You therefore do not need to comply with the 3-month waiting period that is in place in the context of statutory annual leave.
This special leave is to be granted for reasons of force majeure in relation to urgent family reasons, such as illness or accident, which makes the employee's immediate presence indispensable.
If you are granted leave for reasons of force majeure, you are obliged to notify your employer or a representative of your employer, personally or through an intermediary, orally or in writing, no later than the day of your absence.
50 % of the cost of the day's leave for reasons of force majeure is covered by the State.
As an employer, you must send:
This is a procedure with authentication that requires:
In the application, you must provide:
Submitting an incomplete application interrupts the 6-month deadline, but delays the processing of the application.
50 % of the salary you pay for this leave will be covered by the State.
The elements taken into account to calculate the amount to be reimbursed are the basic salary, declared by the employer to the Joint Social Security Centre, plus the social security contributions payable by the employer relating to the period of leave for reasons of force majeure.
The basic salary used to calculate the reimbursement is capped at five times the social minimum wage for unskilled workers. If the employee works part-time, the limit is adjusted in proportion to the number of hours worked.
As an employer, you must enclose the following supporting documents with your application:
A maximum of 1 day's leave for reasons of force majeure may be taken in any 12-month period of employment by the employee.
A day's leave for reasons of force majeure corresponds to 8 hours (which can be split) for an employee whose normal working week is 40 hours. For employees whose working week is less than 40 hours, who work part-time or who have more than one employer, these hours of leave are set in proportion to the weekly working hours specified in the collective agreement or employment contract concerned.
Applications that are not submitted via MyGuichet.lu will only be accepted if you can provide evidence that you do not have access to this means of transmission.
Applications should be sent to the Ministry of Labour, Employment and the Social and the Solidarity Economy on plain paper and accompanied by the supporting documents listed above. The applications must include information about the company and the employee.