Political leave for elected communal representatives

Political leave enables employees carrying out a salaried activity (in the private or public sector), self-employed persons or persons not affiliated who occupy the position of mayor, deputy mayor or communal councillor, to exercise their mandate or function alongside their professional career.

Political leave granted to mayors and aldermen varies between 5 and 40 hours per week depending on:

  • the number of members in the communal council; and
  • the function of the elected representatives.

Communal councillors are entitled to 3 to 5 hours of leave depending on the electoral system in the commune.

Who is concerned

Any person is eligible for political leave if they perform paid work under the authority of another person in the public or private sector, or if they are self-employed, or not registered with the social security services, and occupying the position of:

  • mayor;
  • alderman;
  • or communal councillor.

Persons who are self-employed or not registered with the social security services can also apply for an allowance related to the exercise of their mandate, provided they:

  • are less than 65 years old; and
  • do not benefit from a statutory regime, i.e. do not receive old age pension, invalidity pension or early retirement.

Political leave can only be used for duties and tasks that are directly connected to the exercise a political mandate or function. In practice, political leave is reserved for representatives of Luxembourg communes.

In theory, an elected communal representative who works in a company established abroad could apply to the company for political leave and the employer would be reimbursed by the commune concerned. However, this possibility is at the discretion of the employer, as Luxembourg law does not apply to a non-Luxembourg companies. 

Deadlines

The application for reimbursement or compensation of hours of political leave must be completed and submitted by 30 September 2021 at the latest. The application is for hours of political leave taken between 1 January and 31 December 2020.

This time frame must be observed on penalty of refusal of reimbursement or non payment of compensation.

How to proceed

Amount of political leave

Number of hours of political leave granted

Summary table for mayors and aldermen
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


Summary table for communal councillors

Voting system Maximum weekly leave granted to communal councillors
Communes that vote with the relative majority system 3 hours
Communes that vote with the proportional representation system 5 hours

 

9 hours of additional political leave per week and per communal council is granted to mayors, deputy mayors and communal councillors who have been appointed as representatives in the association of communes to which their commune belongs.

The distribution of the additional leave of 9 hours between the representatives in the association of communes is decided by the communal council according to a decreasing order of priorities and to the national, regional or intercommunal size of the association concerned.

A certificate showing the date of issue and the number of additional hours of political leave granted must be issued to the communal representative concerned.

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 association of communes.

In any case, the members of the communal council are not entitled to more than 40 hours of political leave per week (including overtime). This limit also applies if the communal mandate is cumulative with the mandate as a member in the Chamber of Deputies.

For persons working part-time, the number of hours of leave is adjusted in proportion to their working time. Communal representatives may take leave at their convenience, i.e. any day of the week or time of day. However, political leave may not be carried over from one year to another.

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 the mayor and deputy mayors (collège des bourgmestres et échevins) in the commune where the mandate is carried out and which must be delivered to the employer of said beneficiary 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 once a year for remuneration expenses:

  • by sending an electronic declaration via MyGuichet.lu; or
  • by completing and submitting the corresponding application for reimbursement of political leave (in accordance with the absences of the beneficiaries of leave) to the Communal Finances Directorate of the Ministry of Home Affairs.
It should be noted that for reasons of the tool's 24/7 accessibility, of processing speed and better communication between the administration and the applicant, it is recommended to submit the application for reimbursement using MyGuichet.lu with a LuxTrust Pro certificate.

In the event of an error during the electronic application for reimbursement, applicants can submit an application for rectification via MyGuichet.lu.

Consult the tutorial regarding the application for reimbursement of wages paid to salaried workers during their political leave.

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 application must be received by the Ministry of Home Affairs by 30 September 2021 at the latest. This deadline must be observed on penalty of refusal of compensation. The accuracy of the information provided in the form is certified by the applicant's signature.

Allowances for the self-employed and persons not registered with the social security services

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 allowance amounting to twice the social minimum wage for qualified workers.

In order to obtain this allowance, applicants must:

  • submit an electronic declaration using MyGuichet.lu; or
  • by completing and submitting the corresponding application for compensation of political leave to the Communal Finances Directorate of the Ministry of Home Affairs.
It should be noted that for reasons of the tool's 24/7 accessibility, of processing speed and better communication between the administration and the applicant, it is recommended to submit the application for compensation via MyGuichet.lu.

The application must be accompanied by a certificate of registration issued by the Joint Social Security Centre (Centre commun de la sécurité sociale - CCSS). 

The certificate of registration must specify the various jobs giving rise to registration, and cover the periods when the hours of political leave were taken. Without the certificate, applicants cannot receive the allowance.

For example, a self-employed worker who engaged in their professional activity throughout the whole of 2018, and who took several hours of political leave, must request a certificate of registration that covers the period from 1 January 2018 to 31 December 2018.

In the event of an error during the electronic application for compensation, applicants can submit an application for rectification via MyGuichet.lu.

The application must have been submitted to the Ministry of Home Affairs by 30 September 2021 at the latest. This deadline must be observed on penalty of refusal of compensation. The accuracy of the information provided in the form is certified by the applicant's signature.

Forms / Online services

Commande d'un certificat d'affiliation au CCSS

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