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10 February 2021
The Law of 22 January 2021 modifying Articles L 234-51, L 234-52 and L 234-53 of the Labour Code and introducing a temporary exemption from Articles L 234-51, L 234-52 and L 234-53 of the Labour Code was published in Mémorial A 45 on 22 January 2021.
The Labour Code now provides that employees can claim leave for family reasons:
if they have a child under the age of thirteen who has to quarantine or if they have a child under the age of thirteen who has been forced to self-isolate or has been expelled, excluded, segregated or kept at home, for compelling reasons of public health, dictated or recommended by the competent national or foreign authority, with a view to limiting the spread of an epidemic. (Emphasis added.)
In such circumstances, the employee's absence is justified by a certificate issued by the competent national or foreign authority confirming the decision or recommendation.
The law also provides that from 21 January 2021 to 2 April 2021 (inclusive), employees may claim leave for family reasons for:
The other temporary exemptions already applicable, as provided for by the Law of 24 December 2020,(1) are covered by the Law of 22 January 2021.
For further information on this topic please contact Guy Castegnaro or Ariane Claverie at Castegnaro by telephone (+352 26 86 82 1) or email (email@example.com or firstname.lastname@example.org). The Castegnaro website can be accessed at www.castegnaro.lu.
(1) The Law of 24 December 2020 introducing exemptions to Articles L 234-51 and L 234-53 of the Labour Code. For further information please see "Coronavirus : dérogation au congé pour raisons familiales jusqu'au 20 janvier 2021".
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