In a press release published on 16 September 2020, the Ministry for Social Security clarified the following points regarding entitlement to leave for family reasons when a child must self-isolate or quarantine:

  • The child must have been made to quarantine or self-isolate by an order of the National Health Directorate.
  • When the parents of the child in question must look after them, one parent can use leave for family reasons for the duration of the quarantine or self-isolation imposed by the National Health Directorate.
  • The use of such leave also applies to children who are at school or attend an institution in another country, but whose parents are affiliated in Luxembourg. Under these circumstances, the competent authority in the country in question will make the decision regarding quarantine or self-isolation and must prepare a certificate or a letter confirming such decision.
  • The parent using this leave for family reasons must fill in a specific form that will be sent directly to them, which is also available (in French) on the website guichet.lu. This form must be signed and submitted to their employer and the National Health Fund, together with the order issued by the National Health Directorate or the competent foreign authority.
  • The days taken as leave for family reasons due to a child needing to quarantine or self-isolate are not deducted from the statutory days' leave available(1) according to the age group of the child in question.
  • In all other circumstances where a child is ill (other than for quarantine or self-isolation), the usual procedure for leave for family reasons applies.

According to the additional information published on the website guichet.lu:

  • the parent in question can be an employee (on a fixed-term or permanent contract or on probation), a self-employed individual or an apprentice; and
  • two parents (or partners) cannot take leave for family reasons at the same time (ie, the same day or time). This limitation does not apply to remote working, which continues to be work carried out at home and during which the parent who is working remotely cannot look after the child. Thus, if one parent is working remotely, the other can use leave for family reasons during the hours or days spent working remotely.

Endnotes

(1) Article L 234-52 of the Labour Code states as follow:

The duration of leave for family reasons depends on the age of the child and is calculated as follows:

- twelve days per child if the child is aged between zero and less than four years;

- eighteen days per child if the child is aged between four and less than thirteen;

- five days per child if the child is aged between thirteen and eighteen and in hospital.

For the children who receives an additional special allowance due to a disability described in the third paragraph of article L.234-51 of the Labour Code, the duration of leave for family reasons is doubled for each age group and the condition that they must be in hospital does not apply.