Carers' leave
Last update
Carers' leave is a special 5-day leave granted to you, as an employee, to provide personal care or assistance to a member of your family or to a person living in your household.
Where applicable, and at the request of the employer to the Ministry of Labour, the State will pay 50 % of the cost of this leave.
Who is concerned
Any person with an employment contract governed by the Luxembourg Labour Code may be 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, commonly known as 'carer's leave', can only be granted for the purpose of providing personal care or assistance to:
- a family member; or
- a person living in your household;
who requires considerable care or assistance for a serious medical reason that reduces their capacity and autonomy, thereby rendering them unable to compensate for or cope independently with physical, cognitive or psychological impairments or health-related constraints or requirements, and which is certified by a doctor.
For the purposes of this leave, the following are considered to be 'family members':
- son;
- daughter;
- mother;
- father;
- spouse; or
- partner.
How to proceed
- Employee
- Employer
Employee's application for leave
If you believe to be entitled to carer's leave, 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.
You are obliged, no later than the 3rd day after each absence, to provide your employer with:
- a medical certificate stating that the legal conditions have been met; and
- any document that proves your family relationship with the person in need or that your respective places of residence coincide.
Employer's refund application
50 % of the salaries paid by the employer during this leave are paid by the State.
To be entitled to this, the employer must send a request for reimbursement to the Ministry of Labour via MyGuichet.lu within 6 months of the date on which the leave is taken, or of the last day of leave if the employee takes the leave for several consecutive days (whole days or by the hour, for example).
This is a procedure with authentication that requires:
- a LuxTrust product (Smartcard or Signing Stick); or
- an electronic identity card (eID).
In the application, you must provide:
- information about the company:
- name, identification number and address of the company;
- contact person;
- bank details;
- information on registration with an occupational health service;
- information about the employee:
- surname and first name;
- national identification number and profession;
- address;
- relationship with the person in need of help;
- surname and name of the person in need of help;
- information relating to the day(s) / hour(s) of leave;
- the number of work hours per week.
Submitting an incomplete application interrupts the 6-month deadline, but delays the processing of the application.
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 caregiver leave.
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 or for multiple employers, the limit is adjusted in proportion to the number of work hours.
Supporting documents
As an employer, you must enclose the following supporting documents with your application:
- the payslips for the period of caregiver leave and for the month preceding it;
- in the case of a person living in the same household with no family relationship to the employee : the employee's extended residence certificate.
Duration of carers' leave
A maximum of 5 days of caregiver leave may be taken over a 12-month period of employment by the employee.
The period of employment constitutes a reference period during which the employee is entitled to 40 hours of special leave if working full-time.
In the event of part-time employment, or if the employee has multiple employers, these hours of leave are prorated.
The reference period begins on the day the special leave is taken for the first time and ends after 12 months of employment. At that moment, 2 scenarios are possible:
- either the employee has used up their 40 hours of carer's leave;
- or they have not been used.
In either case, the number of hours are reset to zero and a new period of employment, generating a new leave, is triggered as soon as the next request for carer's leave is made.
Example: A full-time employee takes 8 hours of special leave on 18 September 2023, 16 hours on 5 and 6 January 2024, 2 hours on 18 February 2024 and the remaining 14 hours of their carer's leave on 18 and 19 March 2024.
In this case, the entitlement to a further 40 hours of carer's leave begins on 18 September 2024 at the earliest.
If, on the other hand, the same employee has only taken 20 hours of carer's leave during the period from 18 September 2023 to 17 September 2024, they will lose the remaining hours, and they will be entitled to a further 40 hours of carer's leave from 18 September 2024 at the earliest.
In other words, employees cannot accumulate the hours they have not taken; they automatically lose them as soon as a they become entitled to a new 40-hour period of carer's leave.
In either case the next 12-month period of employment does not begin until the next time the leave is taken.
In the event of periods of inactivity, the reference period is suspended and extended for a period equal to that of the inactivity.
Example: An employee who takes 8 hours of carer's leave on 18 September 2023 and who is unoccupied during the months of December 2023 to January 2024 and then returns to full-time work from February 2024, may take the remaining 32 hours of carer's leave until 17 November 2024. Entitlement to a new 40 hours of carer's leave will not begin until 18 November 2024 at the earliest.
The new 12-month employment reference period is triggered the moment the next carer's leave is taken, which need not necessarily be the first day following the end of the previous reference period.
Special cases
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.
If applicable, applications should be sent to the Ministry of Labour on plain paper and accompanied by the supporting documents listed above. These documents must include information about the company and the employee.
Online services and forms
Who to contact
-
Ministry of Labour Department for Leave for personal reasons
- Address:
- 26, rue Sainte-Zithe L-2939 Luxembourg Luxembourg
- Phone:
- (+352) 247 86 130
- Email address:
- conges.extraordinaires@mt.etat.lu
- Website:
- https://mt.gouvernement.lu/en.html
Related procedures and links
Procedures
Links
Legal references
- Code du travail, Livre II, Titre III, Chapitre III
-
Loi du 15 août 2023
portant modification : 1° du Code du travail ; 2° de la loi modifiée du 16 avril 1979 fixant le statut général des fonctionnaires de l’État ; 3° de la loi modifiée du 24 décembre 1985 fixant le statut général des fonctionnaires communaux, en vue de la transposition de la directive (UE) 2019/1158 du Parlement européen et du Conseil du 20 juin 2019 concernant l’équilibre entre vie professionnelle et vie privée des parents et des aidants et abrogeant la directive 2010/18/UE du Conseil
