On 11 July 2023, two new laws were voted in by the Chamber of Deputies.

The law of 15 August 2023 portant modification du Code du Travail vise à transposer au Luxembourg la directive (UE) 2019/1158 du Parlement européen et du Conseil du 20 juin 2019 concernant l’équilibre entre vie professionnelle et vie privée des parents et des aidants. Cette directive fixe des exigences minimales en matière de congé de paternité, de congé parental et de congé d’aidant, ainsi qu’en matière de formules souples de travail pour les travailleurs qui sont parents ou aidants.

The law of 29 July 2023 is to adapt and clarify the extraordinary leave system, and paternity leave in particular.

The new provisions of the law of 15 August 2023 came into force on 21 August 2023, and those of the law of 29 July 2023 came into force on 22 August 2023.

The main changes introduced are:

• Changes introduced by the law of 15 August 2023

• Introduction of two new types of extraordinary leave

Introduction of two new circumstances for extraordinary leave

• One day out of a 12-month period of employment due to force majeure connected to urgent family circumstances in the event of illness or an accident demanding the immediate presence of the employee;

• - Five days out of a 12-month period of employment to provide personal care or support to a family member or somebody who lives in the same household as the employee and who is in need of significant care or support for a serious medical reason that reduces their capacity and independence, making them incapable of compensating for or dealing with physical, cognitive or psychological impairments or health-related restrictions or requirements themselves, as confirmed by a doctor.

This new law defines family members as a son, daughter, mother, father, spouse or partner.

• Maintaining the employment contract and protection against redundancy

It is stipulated that the employee’s employment contract is maintained throughout the duration of the extraordinary leave taken by the employee. The employer must keep the employee’s job or, if this is not possible, a similar job corresponding to the employee’s qualifications, with at least an equivalent salary.

In addition, the employer will not be allowed to inform the employee of the termination of the employment contract or, if applicable, an invitation to a preliminary interview on the grounds that the employee has requested or benefited from extraordinary leave. Any termination of an employment contract that breaches legal provisions is null and void.

• Important point about parental leave

For shared parental leave, the employer must give reasons for any decision to refuse a request and inform the parent benefiting from leave by registered letter with proof of delivery within two weeks of the request being submitted, inviting them to a meeting within two weeks of this notification.

As far as deferring the second parent’s parental leave is concerned, the employer’s decision to defer must be justified and the parent must be informed by registered letter with proof of delivery within four weeks of the request being submitted, after an alternative form of parental leave has been proposed to the employee, wherever this is possible.

• Flexible working arrangements

The new law intends to introduce flexible working arrangements which it defines as “the option for an employee to organise their working arrangements, including by working remotely, with flexible working hours or reduced working hours, for a defined period no longer than one year”.

In order to benefit from these flexible working arrangements, an employee making such a request must:

• Prove that they have worked continuously for the same employer for at least six months;

• Demonstrate that they are the parent of a child under the age of nine, or that they provide personal care or support to a family member or somebody who lives in the same household and who is in need of significant care for serious medical reasons.

The company can refuse requests for flexible working arrangements. However, this refusal must be justified in writing, and the reasons for the refusal must be sent to the employee making the request by registered letter with proof of delivery.

During the agreed period of flexible working, the employer will not be allowed to inform the employee of the termination of the employment contract or, if applicable, an invitation to a preliminary interview on the grounds that the employee benefits from or has benefited from these flexible working arrangements. Any termination of an employment contract that breaches legal provisions is null and void.

In addition, the employer must keep the employee’s job or, if this is not possible, a similar job corresponding to the employee’s qualifications, with at least an equivalent salary.

Any breach of the obligations defined above by the employer is punishable with a fine of between 251 euros and 2,500 euros. If the employer is a legal entity, the fine may be up to 5,000 euros. These penalties can be increased, to a maximum of twice the amount, in the event of a repeat offence within two years.

• Changes introduced by the law of 29 July 2023

The right to extraordinary leave when a child is born is available to anybody recognised as an equivalent second parent by the applicable national legislation, as well as to self-employed people. Applicable legislation is that which authorises the establishment of parentage of a child without somebody needed to resort to the adoption procedure in order to be recognised as the second parent of this child, and which is applicable on the basis of nationality or the place of residence of the child or parent in question ”.

Extraordinary leave when a child is born or when a child under the age of 16 is welcomed into the home with a view to their adoption is limited to one period of leave per employee and per child, and cannot be combined

As for employees, for self-employed workers, from the seventeenth hour of leave after a child is born or a child under the age of 16 is welcomed into the home, this leave is covered by the state budget.