As part of the measures implemented in schools and childcare facilities to combat the spread of the SARS-CoV-2 coronavirus (COVID-19), a child may have to be placed in quarantine or isolation by order or recommendation of the Health Directorate, respectively the competent authority.

In order to reduce the risk of spreading COVID-19, and depending on the evolution of the number of infections, it is necessary to take all measures likely to curb the spread. Therefore schools and childcare facilities (education and care services for young or schooled children, mini-crèches and childminders) may be obliged to suspend their activities, partially or entirely, for a given period of time. In this context, a specific procedure has been put in place allowing one of the parents to benefit from the extended leave for family reasons. These provisions apply until 23 July 2022 inclusive in accordance with the law of 17 May 2022.

Days taken as leave for family reasons because a child is quarantined or isolated or because of the suspension of activities are not deducted from the legal days of leave available per age group, the length of which depends on the age of the child.

Who is concerned

Any parent who:

• is an employee (on a fixed-term contract, permanent contract or probationary period); or
  
• is self-employed and non-salaried; or
  
• is an apprentice; and
• is registered with social security in Luxembourg.

1. less than 13 years of age under a quarantine or isolation measure decided or recommended by the Health Directorate.

The age limit of less than 13 years of age does not apply to children receiving the special supplementary allowance (children with a permanent deficiency or permanent loss of at least 50 % of their physical or mental capacity in comparison with a child of the same age without a disability).

2. between 13 and 18 years of age and hospitalised under a quarantine or isolation measure decided or recommended by the Health Directorate.
   
   
3. vulnerable to COVID-19 pursuant to the recommendations of the Higher Council for Infectious Diseases (Conseil supérieur des maladies infectieuses - CSMI) - this provision applies until 23 July 2022 inclusive. The parent must be able to produce a medical certificate attesting to this vulnerability and the contraindication of attending school or a childcare facility.
   
   
4. born before 1 September 2017 and under 13 years of age or who has not left the basic education system and who:
   • cannot attend the school (with or without distance learning) or education and care facility; or
   • benefits from distance learning;

   following a decision to close, whether partially or completely, the school or education and care facility for children and which is decided by:

   • the Ministry of Education, Children and Youth (MENEJ) in the case of establishments located in Luxembourg; or
   • the competent foreign national authority for establishments or education and care facilities located abroad.

The parent must be able to produce a certificate from the MENEJ or, where appropriate, from the competent foreign national authority.

This provision applies until 23 July 2022 inclusive.

5. born after 1 September 2016 and who cannot attend a childcare facility, provided that it cares for young children, following a decision to close it down taken by:
   • the Ministry of Education, Children and Youth (MENEJ) in the case of establishments located in Luxembourg; or
   • the competent foreign national authority for care facilities located abroad.

The parent must be able to produce a certificate from the MENEJ or, where appropriate, from the competent foreign national authority.

This provision applies until 23 July 2022 inclusive.

6. a child under the age of 13 attending a school or childcare facility which, for reasons related to the health crisis caused by the COVID-19 pandemic, had to be closed on individual decision by:
   • the Ministry of Education, Children and Youth (MENEJ) in the case of establishments located in Luxembourg; or
   • the competent foreign national authority for establishments or care facilities located abroad.

The parent must be able to produce a certificate attesting to the given situation issued by the competent public authority.

The child may be:

• a child born in wedlock;
• a child born out of wedlock;
• an adopted child.

Leave for family reasons may not be taken by both parents (or spouses) at the same time (same day/hour).

Employees who are placed on short-time work are not eligible for leave for family reasons in the cases that are applicable until 23 July 2022 inclusive (vulnerability, closure of schools and childcare facilities).

These limitations do not apply in the case of telework, which remains work performed from home and during which the parent cannot provide care for the child. Therefore, when one parent is teleworking, the other parent can benefit from leave for family reasons during the other parent's hours or days of telework.

How to proceed

Filing an application

A parent who needs to take leave for family reasons must inform their 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 form for leave for family reasons in the context of the COVID-19 pandemic, sign it, and send it to both the National Health Fund (Caisse nationale de santé - CNS) and their employer, together with:

• the required supporting documents issued by the Health Directorate in the context of a quarantine or isolation measure for a child; or
• a medical certificate attesting to the child's vulnerability and the contraindication of attending school or a childcare facility, i.e. an early childhood education and care service, an education and care service for schooled children, a mini-crèche or a childcare facility run by a childminder; or
• a certificate issued by the Ministry of Education, Children and Youth for any child born before 1 September 2017 or who has not yet left basic education and who cannot, for reasons related to the health crisis due to the COVID-19 pandemic, attend the school or childcare facility, or who benefits from distance education following a decision to totally or partially close schools, with or without distance education, or childcare facilities for schooled children; or
• a certificate issued by the Ministry of Education, Children and Youth for any child born after 1 September 2016 who cannot, for reasons related to the health crisis due to the COVID-19 pandemic, attend a childcare facility following a decision by the Minister responsible for Education, Children and Youth to close childcare facilities totally or partially and provided that these facilities also care for young children.

For children residing abroad but whose parents are affiliated to social security in Luxembourg, it is the competent authority in the country in question which recommends or takes the decision to place the child in quarantine or isolation. It must then draw up a certificate or attestation of this decision or recommendation. In the event of the total or partial closure of schools with or without distance education, or childcare facilities, located outside Luxembourg, an official document issued by the competent authority of the country concerned attesting to the given situation must be attached to the application by the beneficiary.

Sending documents to the CNS (for employees)

The application can be sent either electronically or by post.

Electronic submission

There are 2 ways of sending the form and the required supporting documents electronically to the CNS to apply for leave for family reasons (certificate issued by the Ministry of Education, Children and Youth / official document issued by the competent foreign authority):

• print the form for leave for family reasons, sign it by hand, scan or take a good quality photo of the form and the required supporting documents and send them by email to cns-crf@secu.lu; or
  
• save the application form for leave for family reasons on your computer, complete it electronically using Adobe Acrobat Reader, sign it electronically with a LuxTrust smartcard, and send it by email, together with a scan of the certificate.

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

Submission by post

The leave for family reasons form and supporting documents can be sent by post. You should print out the form, sign it by hand, and send it to the following address, together with the required certificate:

CNS
Indemnités pécuniaires
L-2980 Luxembourg

The form and the required certificate must be sent by normal post (not registered mail).

Procedure for the self-employed and non-salaried workers

Self-employed and non-salaried persons must complete the form and send it at the end of the period to the CNS, together with the required supporting documents:

• by email to cns-crf-nonsalaries@secu.lu, including the 13-digit national identification number in the subject line; or
  
• by standard post (not registered mail) to the address CNS, Indemnités pécuniaires, L-2980 Luxembourg.

The days that have been taken must be clearly indicated.

Duration of and conditions for granting leave

Days of leave taken during the period of suspension of activities shall not be deducted from the legal days of leave for family reasons available per age group.

The leave for family reasons can be split, i.e. it can be taken in hours or half-days.

Both parents cannot take leave for family reasons at the same time (same day/hour).

Obligation to inform the employee's employer

From the day of their absence, the beneficiary of the leave for family reasons must notify their employer, or the latter's representative, in person or through an intermediary, either orally or in writing.

Good to know

For questions:

• of a purely technical nature regarding this type of leave for family reasons, the body to contact is the National Health Fund (CNS);
• directly related to the placement in quarantine/isolation of a child, the body to contact is the Health Directorate.
  

Forms / Online services

Who to contact