Luxembourg's Ministry of Social Security has announced the introduction of a new form and new conditions for family leave related to the COVID-19 (coronavirus) pandemic.
Family leave has been extended to provide a solution for parents who are unable to provide care by any other means for their dependent child(ren) up to the age of 12 or up to 18 for a child with a disability. However, this leave is limited to cases in which one of the parents, or a spouse respectively, does not have the possibility of ensuring childcare.
Consequently, from today, Monday 30 March 2020, it is no longer possible to use family leave in the context of the COVID-19 crisis if the claimant employee, the other parent or another member of the household in question falls under the partial unemployment scheme provided for in the Labour Code during the period for which the leave is requested. In other words, if one parent, respectively a spouse, or another member of the household can take care of the child, and in particular if he/she benefits from partial unemployment, then family leave cannot be used at the same time. Likewise, if other means of childcare is available, for example at a specific childcare structure, a parent cannot take family leave.
Moreover, both parents (or a spouse) cannot take family leave at the same time.
The ministry assured that these limitations do not apply to teleworking during which time a parent cannot provide childcare. Family leave can be divided into days, half days or hours as required.
From today, parents who must look after a child (or children) must fill out and send a new form to their employer and the National Health Fund (Caisse Nationale de Santé, CNS) as soon as possible. Forms submitted before this date will no longer be valid from Monday 30 March 2020 and applicants must submit a new form. This new form is available in English, French and German on the Guichet.lu portal at guichet.lu/cocrf.
The same conditions apply for self-employed individuals wishing to take family leave.
The end of family leave within the framework of limiting the spread of COVID-19 has been stopped by the Luxembourg government.