Extraordinary leave in Luxembourg
Employees in Luxembourg are entitled to what is referred to as “extraordinary leave” in certain circumstances. What situations does this apply to? Who is eligible and on what terms? myLIFE has everything you need to know about this topic.
Ethan has been working in Luxembourg for a few months now. When talking with his colleagues, he learns that he is entitled to two days of leave for moving home, which will happen in a little over a month’s time. This is good news – it will mean he can organise his move without using up his paid leave!
However, moving home is not the only situation when you are entitled to extraordinary leave in Luxembourg. Ethan will also be excused work for other personal reasons. Which events qualify for extraordinary leave and what are the eligibility criteria? Let’s have a look at the details.
Extraordinary leave in Luxembourg
In Luxembourg, in addition to ordinary leave (called “recreational” leave), an employee is entitled to extraordinary leave in certain circumstances: moving home, birth, marriage, death, etc. The salary is paid throughout the leave and the number of days granted is the same whether you work full time or part time.
|Moving home||2 days (1)|
|Birth of a child||10 days, may be taken in several blocks,
for the father
|Moving a child of under 12 into the home prior to adoption||10 days (2), may be taken in several blocks|
|Marriage of the employee||3 days|
|Registered partnership of the employee||1 day (3)|
|Child's wedding||1 day|
|Death of a spouse or partner||3 days|
|Death of a child who is a minor||5 days|
|Death of a first-degree relative (parents, parents-in-law, children, son-in-law, daughter-in-law) of the employee or of their spouse or partner||3 days|
|Death of a second-degree relative (grandparents, grandchildren, sister, brother, sister-in-law, brother-in-law, grandparent-in-law) of the employee or of their spouse or partner||1 day|
1 Extraordinary leave for moving home will only be granted once within a period of three years with the same employer, unless the employee is required to move for work reasons.
2 Extraordinary leave is not due if the employee is eligible for settling-in leave. Leave must be taken in the two months following the birth of the child, or the child of under 16 moving into the home prior to adoption.
3 To obtain extraordinary leave, a cross-border worker with a foreign partnership agreement must have this recognised in Luxembourg by having it entered in the Luxembourg civil register.
Useful info: an employment contract or collective agreement may grant employees additional days of extraordinary leave.
The extraordinary leave must be taken when the event occurs, except in the case of a birth or adoption.
When can you take the extraordinary leave?
Ethan can request this type of leave as soon as he starts at his new company. The waiting period that applies to ordinary leave does not apply to extraordinary leave. However, extraordinary leave must be taken when the event occurs, except in the case of a birth or adoption.
How to request extraordinary leave
To take advantage of extraordinary leave, Ethan must inform his employer of the specific event that qualifies him for leave in good time (in our example, his move). His employer cannot refuse Ethan the leave but can require justification for his absence.
Can the leave be postponed?
Extraordinary leave cannot be postponed or added onto ordinary leave, unless this is agreed with the employer. So Ethan can’t keep his two days of extraordinary leave for moving and add these onto his summer holidays.
However, there are some exceptions:
- If the day of extraordinary leave falls on a Sunday, statutory holiday, compensatory rest day or a non-working day (e.g. a Saturday for a person who works Monday to Friday), it is carried forward to the next working day. If Ethan (who doesn’t work weekends) has planned to move on Friday and the Monday is a statutory holiday, he will not have to go back to work until the following Wednesday.
- If the event occurs during ordinary leave, this is interrupted for the full period of the extraordinary leave. For example, if Ethan finds out that his grandmother has died whilst on holiday, he can ask his employer for a day of extraordinary leave, which will not be deducted from his ordinary leave.
If the exceptional event occurs during a period of sick leave, the extraordinary leave is lost.
Useful info: if the exceptional event occurs during a period of sick leave, the extraordinary leave is lost.
Can several types of extraordinary leave be taken together?
It is possible to take different types of extraordinary leave together if justified by the circumstances. In our example, if the grandmother’s death were to coincide with Ethan’s move, he would be excused from work for three days: two days for moving home and one day for the loss of his grandmother.
Different procedures for a birth or adoption
For a birth or adoption, the leave should be taken within two months following the arrival of the child.
The employee must inform their employer in writing and with notice of two months of the dates when they intend to take their 10 days of leave. The letter must be accompanied by a copy of the medical certificate indicating the expected due date for the baby, or supporting documentation indicating the expected date of arrival of the child for an adoption.
Useful info: if the notice period is not respected, the leave may be reduced to just two days.
New extraordinary leave days planned in Luxembourg
A draft law is currently under discussion in Luxembourg to introduce two new reasons for extraordinary leave:
In addition, another draft law plans to introduce the right to extraordinary leave for the birth of a child for self-employed people and married same-sex couples
Ethan is now fully aware of his entitlement to extraordinary leave and can focus on his future move. To check whether he has everything ready for the big day, he can take a look at Your to-do list for moving house.