Special leave for personal reasons
Last update
Special leave is granted to employees or apprentices who need to take a leave of absence from work for personal reasons.
The leave must be taken at the time when the triggering event occurs, except in 2 situations: the birth or adoption of a child.
The duration of this special leave depends on the nature of the event (birth, marriage, death, etc.).
This leave may not be counted against the worker's ordinary annual leave days.
Who is concerned
Anyone bound by an employment contract is entitled to special leave for personal reasons.
Workers are entitled to this leave as soon as they start working for a company: they do not need to comply with the 3-month waiting period that is legally required in the case of annual leave.
The employer of a worker who wishes to take leave for personal reasons must grant them this special leave.
How to proceed
Types of special leave
Special leave is considered a legal entitlement to leave and, as such, must be included in the register of legal leave entitlements kept by the employer.
The duration of leave for personal reasons granted to an employee depends on the event that gives rise to the leave.
| Event | Duration of leave |
|---|---|
| Marriage | 3 days |
| Declaration of civil partnership (PACS) | 1 day |
| Moving (leave granted once per 3-year period of employment with the same employer) | 2 days |
| Birth of a child (for the father – regardless of the number of children) | 10 days |
| Adoption of a child under 16 years old (unless the worker takes adoption leave) | 10 days |
| Death of a minor child | 5 days |
| Marriage of a child | 1 day |
| Death of a spouse or partner | 3 days |
| Death of a worker's or their spouse's/partner's first-degree relative (parents, parents-in-law, children, children-in-law) | 3 days |
| Death of a worker's or their spouse's/partner's second-degree relative (grandparents, grandchildren, brothers and sisters, brothers-in-law and sisters-in-law) | 1 day |
The employee may be granted additional days of leave for personal reasons if provided for in:
- a collective agreement in force in their company; or
- their company's internal regulations; or
- their employment contract.
To qualify for special leave in the case of a partnership established under foreign law, employees, and cross-border workers in particular, must have their partnership registered in the Luxembourg civil register.
Note: there are no legal provisions for special leave to see a doctor during working hours. Only some collective agreements provide for this scenario. Thus, an employee must seek their employer's approval if they wish to take a leave of absence during working hours. The employer has the right to demand that appointments to see a doctor are taken outside working hours, or that the hours spent at the doctor are made up for.
Exception: pregnant women are entitled to an exemption from work, without loss of pay, to attend the prenatal examinations, if these examinations are scheduled during working hours.
Permission to leave work to vote
Employees may obtain permission from their employers to exercise their civic rights and duties, such as voting in communal, legislative, and European Union elections.
Requesting leave for personal reasons
The worker must formally request the leave from their employer, who cannot refuse leave for personal reasons.
Unlike annual paid leave, employees are entitled to special leave from the moment they start working for the company: they do not need to comply with the 3-month waiting period that is legally required in the case of annual leave.
Taking leave for personal reasons
An employer must grant this special leave at the time the triggering event occurs.
With the exception of special leave in the event of the birth of a child, or the adoption of a child under 16, leave for personal reasons cannot be deferred and does not entitle the employee to financial compensation if was not taken within the legal time limits.
It is possible to apply for this type of leave more than once a year if the personal reasons are justified. In the event of moving, the 2 days of special leave are granted only once over a 3-year period with the same employer, unless the worker has to move for professional reasons.
Special cases
If the triggering event occurs:
- while the employee is on sick leave, the entitlement to leave for personal reasons is lost;
- while the employee is on ordinary leave, the ordinary leave is interrupted and resumes at the end of the leave for personal reasons;
- on a Sunday, a legal public holiday, a working day observed as a holiday or a compensatory day off, the special leave is carried over to the first working day following the event.
Example: an employee takes a Monday off to move house. The worker is thus entitled to 2 days of special leave. However, the day after (Tuesday) is a public holiday. The second day of special leave will be carried over to the Wednesday, and the worker will return to work on the Thursday.
Remuneration
The employer must continue to pay the employee's normal salary while the worker is on special leave.
Good to know
You can find all the information you need about special leave in the event of the birth of a child or the adoption of a child under 16 in our information page 'Paternity leave'.
Online services and forms
Related procedures and links
Procedures
Links
Further information
-
Congés extraordinaires
sur le site de l'Inspection du travail et des mines (ITM)
-
FAQ congés extraordinaires
sur le site de l'Inspection du travail et des mines (ITM)
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Le congé de paternité : application pratique (note du ministère du Travail, de l'Emploi et de l'Économie sociale et solidaire)
Pdf • 459 Ko
Legal references
- Code du travail, Livre II, Titre III, Chapitre III
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Loi du 15 décembre 2017
portant modification 1. du Code du travail ; 2. de la loi modifiée du 31 juillet 2006 portant introduction d'un Code du travail, et abrogeant 3. la loi modifiée du 12 février 1999 portant création d'un congé parental et d'un congé pour raisons familiales
