As part of the measures adopted by the Government aimed at curbing the spread of the Covid-19 coronavirus, the Ministry of Family Affairs, Integration and the Greater Region has introduced the leave for family support in order to enable employees and self-employed people to look after a disabled adult or an elderly person following the closure of a day-care structure or a training or employment structure.
Given that some structures will not be able to resume all their activities immediately after the end of the state of crisis and that they will not be able to work at full capacity, the government has decided that leave for family support shall be maintained beyond the declaration of the end of the state of crisis.
It is therefore possible to request leave for family support from 25 June 2020 until 25 November 2020. It should be noted that the leave for family support shall end if the approved care structure notifies the Minister that it has resumed all or part of its activities and that there is a place available in the approved service for the person concerned.
Public-sector employees are now entitled to the same leave for family support as private-sector employees and self-employed people.
Terms and conditions of the leave
Employees, self-employed workers and public-sector employees are entitled to leave for family support if the following cumulative conditions are met:
- the approved structure that would normally take care of the disabled adult or elderly person must have ceased all or part of its activities in the context of the state of crisis;
- the private-sector employee, the public-sector employee or self-employed person must care for the disabled adult or elderly person in the home where they both live.
If necessary, where several people live in the same home as the disabled adult or elderly person, they may alternate taking leave for family support. In this case, each person wishing to take the leave must submit a duly completed form.
The leave may be divided among the members of a household, but they may not take the leave at the same time.
If the leave is taken in several stages (divided into separate periods of leave), the person taking the leave does not need to fill in and send a new form each time. The first form is enough, even if the leave for family support is extended.
If more than one member of a household is working and one of the members is carrying out an activity of strategic importance in the context of the current situation (e.g. a health professional), it is recommended that the leave for family support should be taken by one of the other members of the household.
The leave for family support can be requested from 25 June 2020 until 25 November 2020. It should be noted that the leave for family support shall end if the day-care structure or the training or employment structure notifies the Minister that it has resumed all or part of its activities and that there is a place available in the approved service for the person concerned.
Application procedure and supporting documents required
The person who needs to take leave for family support must inform their employer, the employer's representative or the head of the administration as quickly as possible, either verbally or in writing.
Employees, self-employed workers and public-sector employees must apply to the Minister to certify the need for leave for family support.
The form must then be completed by the person who needs to take leave for family support. Application forms can be downloaded below by clicking on the application for the certificate:
The application must be accompanied by the following supporting documents:
- a residence certificate for the applicant and the person to be cared for;
- a certificate of registration in the approved structure of the person requiring care or a copy of the employment contract of the disabled person working in a sheltered workshop or any other employment structure;
- a certificate issued by the approved structure confirming that the disabled adult or elderly person is no longer accommodated in the structure as it has ceased all or part of its activities;
- a description of the services provided by the approved structure if it is located outside the Luxembourg.
The duly signed form and the supporting documents should be sent to the Ministry of Family Affairs, Integration and the Greater Region:
- by email to firstname.lastname@example.org (scan or PDF with a LuxTrust digital signature); or
- by post to 12-14, avenue Emile Reuter, L - 2420 Luxembourg.
If the conditions are met, the Ministry of Family Affairs, Integration and the Greater Region will return a signed certificate, in 2 copies to the applicant; the certificate has the same value as a medical certificate as far as employers and the National Health Fund (Caisse nationale de santé - CNS) are concerned.
The person taking the leave must transmit:
- one copy of the certificate signed by the Minister of Family Affairs and Integration to the National Health Fund (CNS); and
- the other copy to the employer.
For more information, please contact the Ministry of Family Affairs, Integration and the Greater Region by email at email@example.com.