Political leave for elected communal representatives
Last update
The purpose of political leave is to facilitate the exercise of the office of mayor, alderman or communal councillor for the elected representatives who:
- are in paid employment in the public or private sectors at the same time; or
- are self-employed; or
- are non-affiliated.
Until 31 July 2024, the political leave granted to mayors and aldermen varied between 5 and 40 hours per week depending on:
- the number of members of the communal council; and
- the role of the elected representatives.
Following the entry into force of the Grand Ducal regulation of 24 July 2024, the number of hours of political leave has been modified as follows from 1 August 2024:
- for mayors and aldermen: political leave varies between 6 and 40 hours per week depending on the number of inhabitants in the commune;
- for communal councillors: political leave is 3.5 or 8 hours per week depending on the number of inhabitants in the commune.
Who is concerned
Anyone:
- who:
- is employed in the public or private sector;
- is self-employed; or
- is non-affiliated; and
- who has a mandate as:
- mayor;
- alderman;
- or communal councillor.
Compensation for self-employed and non-affiliated persons is subject to the following conditions:
- be under 65 years of age; and
- not be covered by a statutory scheme, i.e. not be the beneficiary of an old-age pension, disability pension or early retirement scheme.
Students can claim compensation for political leave as 'non-professionals'. Periods of occasional paid work (student jobs) are not taken into account.
Prerequisites
Political leave may only be used by elected representatives (salaried persons, self-employed or other) to carry out duties that arise directly from the performance of their mandates or functions.
An employee who is entitled to political leave may take this leave at their convenience per full working day or part of a working day. However, political leave may not be carried over from one year to the next.
For those working part-time, the number of hours of leave is adjusted in proportion to their working time. The employer is reimbursed once a year via the communal expenses fund.
Political leave is reserved for elected representatives of Luxembourg communes.
In theory, an elected communal representative who works in a company established abroad could apply to their employer for political leave and the employer would be reimbursed via the communal expenses fund. However, this possibility is at the discretion of the employer, as Luxembourg law does not apply to a company established abroad.
Deadlines
Claims for reimbursement or compensation for political leave taken by elected representatives in 2024 must be completed and submitted by 30 September 2025 at the latest.
This time limit also applies to a request for rectification of a claim for reimbursement or compensation.
This time limit must be respected under penalty of losing the right to reimbursement or compensation.
How to proceed
Amount of political leave
Period from 1 January 2024 to 31 July 2024
Number of hours granted for political leave from 1 January 2024 to 31 July 2024
| Composition of the communal council in the commune | Maximum weekly leave granted to the mayor | Maximum weekly leave granted to the aldermen |
|---|---|---|
| 7 members | 9 hours | 5 hours |
| 9 members | 13 hours | 7 hours |
| 11 members | 20 hours | 10 hours |
| 13 members | 28 hours | 14 hours |
| 15 members | 40 hours | 20 hours |
| Voting system | Maximum weekly leave granted to councillors |
|---|---|
| Communes that vote according to the relative majority system | 3 hours |
| Communes that vote according to the proportional representation system | 5 hours |
Moreover, an additional 9 hours of political leave per week and per communal council is allocated to mayors, aldermen and communal councillors, to be freely distributed among them after deliberation by the communal council.
Period from 1 August 2024 to 31 December 2024
Number of hours granted for political leave from 1 August 2024 to 31 December 2024
| Communes - number of inhabitants | Maximum weekly leave granted to the mayor | Maximum weekly leave granted to the aldermen |
|---|---|---|
| Less than 1,000 | 11 hours | 6 hours |
| From 1,000 to 2,999 | 15 hours | 8 hours |
| From 3,000 to 5,999 | 24 hours | 12 hours |
| From 6,000 to 9,999 | 40 hours | 18 hours |
| 10,000 and more | 40 hours | 24 hours |
| Communes - number of inhabitants | Maximum weekly leave granted to councillors |
|---|---|
| Less than 3,000 | 3 hours |
| From 3,000 to 19,999 | 5 hours |
| 20,000 and more | 8 hours |
Moreover, an additional 15 hours of political leave per week and per communal council is allocated to mayors, aldermen and communal councillors, to be freely distributed among them after deliberation by the communal council.
A certificate bearing the date of issue and indicating the additional number of hours of leave granted must be issued to communal councillors receiving additional hours of political leave.
The right to political leave begins on the first day of the month following the date of issue of the aforementioned certificate and ends on the day of termination of the mandate in the communal council.
In any event, if additional hours of political leave are allocated to members of the communal council, the total number of hours of political leave allocated to an elected communal representative may not exceed 40 hours a week. This limit also applies if the communal mandate is cumulative with the mandate as a member of the Chamber of Deputies.
Political leave cannot be added to the annual leave.
Taking political leave
The beneficiary of political leave for elected communal representatives receives a certificate from the board of mayors and aldermen (collège des bourgmestres et échevins) in the commune where the mandate is carried out, which must be submitted to their employer as documentary proof.
Employers cannot deny political leave to an employee.
Paying the employee during the leave
The number of hours of political leave is considered equivalent to effective working time. The beneficiary of political leave continues to benefit from the legal and regulatory provisions regarding social security and job protection.
As such, employees in the public or private sector continue to receive full pay and job-related benefits during their time spent on political leave.
The employer is reimbursed for remuneration expenses once a year. To do this, applicants must:
- send an electronic declaration via MyGuichet.lu. This is a procedure that requires authentication; or
- complete and submit the corresponding application form for the reimbursement of political leave (in accordance with the absences of the beneficiaries of leave) to the Department of Municipal Finances of the Ministry of Home Affairs.
Please note: for reasons of 24/7 access to the tool, speed of processing and better communication between the administration and the claimant, it is recommended that the refund request is submitted via MyGuichet.lu, using a LuxTrust Pro certificate.
The reimbursement applies to gross wages of the salaried worker and to the full employer contributions paid to the social security services during the period of political leave.
The accuracy of the information provided in the form is certified by the applicant's signature.
Consult the tutorials concerning the completion of the employer form for the reimbursement of their employee's remuneration expenses and the signing of this form.
Rectification of a reimbursement application
In the event of an error during the electronic application for reimbursement, applicants can submit an application for rectification:
- online using MyGuichet.lu; or
- using the rectification request form to be sent to the Department of Municipal Finances of the Ministry of Home Affairs.
Compensation for the self-employed and non-affiliated persons
Period from 1 January 2024 to 31 July 2024
Self-employed persons and persons not registered with the social security services for a pension scheme (old age, disability or early retirement) and who are less than 65 years old are entitled to a fixed compensation amounting to twice the social minimum wage for skilled workers.
Period from 1 August 2024 to 31 December 2024
Self-employed persons and persons not registered with the social security services for a pension scheme (old age, disability or early retirement) and who are less than 65 years old are entitled to a fixed compensation amounting to 4 times the social minimum wage for skilled workers.
Request for compensation
To request this compensation, applicants must:
- send an electronic declaration via MyGuichet.lu. This is a procedure that requires authentication; or
- complete and send to the Department of Municipal Finances of the Ministry of Home Affairs the relevant application for compensation for political leave.
Please note: For reasons of 24/7 access to the tool, speed of processing and better communication between the administration and the claimant, it is recommended that the compensation request is submitted via MyGuichet.lu.
Supporting documents
The application must be accompanied by a certificate of registration issued by the Joint Social Security Centre (Centre commun de la sécurité sociale - CCSS). This certificate must:
- provide information on the various occupations giving rise to affiliation; and
- cover the period during which political leave is taken.
Without the certificate, applicants cannot receive the compensation.
By way of example, the certificate of affiliation must cover the period from 1 January 2024 to 31 December 2024 for a self-employed person claiming compensation for political leave in 2024.
Rectification of a request for compensation
In the event of an error during the electronic application for compensation, applicants can submit an application for rectification:
- online using MyGuichet.lu; or
- using the rectification request form to be sent to the Department of Municipal Finances of the Ministry of Home Affairs.
The accuracy of the information provided in the form is certified by the applicant's signature.
Tutorials
Online services and forms
Who to contact
-
Ministry of Home Affairs Department of Municipal Finances
- Address:
-
32, rue Hugo Gernsback
L-1652
Luxembourg-Kirchberg
Luxembourg
B.P. 10, L-2010 Luxembourg
- Phone:
- (+352) 247 74 621
- Email address:
- finances@mai.etat.lu
Related procedures and links
Procedures
Links
Further information
-
Political leave for local elected officials
on the website of the Ministry of Home Affairs
-
Congé pour activité syndicale ou politique
sur le portail de la Fonction publique
Legal references
- Loi communale modifiée du 13 décembre 1988
-
Règlement grand-ducal modifié du 6 décembre 1989
concernant le congé politique des bourgmestres, échevins et conseillers communaux
-
Circulaire du ministère de l'Intérieur du 31 janvier 2025 sur le congé politique de l'année 2024 – Demandes de remboursement et d'indemnisation
Pdf • 328 Ko
