Understanding the ins and outs of Luxembourg's parental leave system is essential for new parents to ensure they do not miss out on this important benefit.

In Luxembourg, the arrival of a new child – whether through birth or adoption – gives way to a very special type of benefit: parental leave. Available in various formats, including 80%, half-time, or full-time, these options allow new parents to dedicate several months to their child while receiving a substantial replacement income.
However, navigating the administrative processes can be difficult, as the steps are numerous and strict deadlines must be met. Failure to adhere to these requirements can mean missing out on this benefit, so do read on for a full overview of things to consider.

Applying for your first parental leave

In Luxembourg, the 'first parental leave' refers to the leave taken by one of the parents immediately after the maternity or fostering leave. This specific leave must be taken directly after this period, otherwise the opportunity is lost.

However, there is an important exception for single parents. If a parent is raising their child alone and meets the eligibility criteria, they do not lose the right to first parental leave even if it is not taken immediately after maternity or fostering leave.

What to do if you are employed:

  • Request submission: The request for first parental leave must be submitted to your employer at least two months before the start of maternity leave. This request must be sent via registered letter with acknowledgement of receipt.
  • Employers' rights: Employers may refuse the leave if the request is not submitted in the proper legal way or within the required time frame. However, if the first full-time parental leave is duly requested, the employer cannot refuse or postpone it. They may, however, decline requests for half-time or split parental leave, which requires the parent to take either six or four months of full-time leave instead.
  • Please note: If you are employed on a permanent contract that includes a trial period, your right to parental leave does not take effect until after the trial period has ended. Leave can only be requested once the trial period is completed.
  • Adoption cases: for adoptions, the request for parental leave must be received by the employer no later than the start of the adoption leave.

What to do if you are self-employed :

  •  If you are self-employed and planning to take parental leave, you must notify the CAE (Caisse pour l'Avenir des Enfants) directly at least two months before the start of your maternity leave. In the case of adoption, the application for parental leave must be sent to the CAE by registered mail with acknowledgement of receipt before the start of the parental leave.

Applying for second parental leave

The second parent has the flexibility to take their parental leave either concurrently with their spouse or partner or at a later time. However, the parental leave must begin before the child reaches the age of six. In the case of an adopted child, this period is extended until the child turns 12, but no more than six years after the adoption.

If only one parent is eligible for parental leave, usually because the other parent is not working, that parent has the option to choose between taking the first or second parental leave.

What to do if you are employed:

  • To apply for second parental leave, you must submit your request to your employer by registered letter with acknowledgement of receipt at least four months before the intended start date of the leave.
  • The employer is required to grant the second full-time parental leave if it has been properly requested within the stipulated time frame.
  • The employer may refuse the second parental leave if the request is not submitted in the correct way or within the required deadline. However, there are exceptions to this rule, such as in the event of the mother's death before the end of maternity leave or the death of the parent who was taking the first parental leave before its completion. Employers may also request to postpone the second parental leave for specific reasons (listed here).

What to do if you are self-employed:

  • If you are self-employed and planning to take second parental leave, you must notify the CAE (Caisse pour l'Avenir des Enfants) at least four months before the start of your parental leave. This notification should be made by registered letter with acknowledgement of receipt.

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