In 2020, Julie* faced a situation many women dread. Expecting her first child and feeling abandoned and betrayed by the state she calls home, Julie’s life took a difficult turn. After living and working in Luxembourg for four years, the Covid pandemic struck, and the company she worked for went bankrupt. She registered with the National Employment Agency (ADEM) and soon found herself searching for new employment during one of the most challenging economic periods.
Shortly after, Julie discovered that she was pregnant. Determined to become a parent, she embarked on a challenging journey through a legal loophole that is both excruciating and ultimately empowering. Her fight for justice is not just for herself, but also for other women who might find themselves in similar situations.
RTL Today recently met with Julie to hear her story first hand.
When asked why she chose to share her story with RTL Today, Julie explains: “The trauma and disappointment that I went through is what made me come forward”. The job loss left her without an income for months while a lawyer negotiated on her behalf. Once the bankruptcy was finalised, she registered with ADEM and soon after discovered she was pregnant.
Upon informing her ADEM adviser, Julie was met with warm congratulations and reassurances that her prenatal care and maternity leave would be covered based on her work history. Despite this, she actively sought employment, but faced multiple rejections due to her pregnancy. Eventually, Julie’s ADEM adviser told her “to not disclose the fact” that she was pregnant. A notion she found deeply uncomfortable.
When the time came to arrange her maternity leave, Julie contacted the National Health Fund (CNS) and was shocked to receive a rejection. Although her payment slips from ADEM indicated CNS contributions, these covered only basic social security and medical insurance.
Since she had been reassured by ADEM, her technical employer, that her maternity leave would be covered, she did not understand why only the basic contributions were paid. It turns out that under the law, CNS treats men and women equally, and employers pay an additional coverage for pregnant women; something ADEM does not do.
“This results in a legal loophole, which leads to extreme discrimination and stress for women in Luxembourg in my situation,” laments Julie.
Her ADEM and CNS coverage ended one month after her daughter was born. Fortunately, the timing of her pregnancy allowed her to be covered for the birth.
However, the stress and financial strain took a toll, and Julie struggled to bond with her daughter, eventually falling into postpartum depression. “I had no other option but to start freelancing when my baby was three months old. Now I am trying to build up my family’s financial stability and help other families through my social media presence,” she adds.
Addressing critics who might accuse her of having a victim mentality, Julie firmly believes that in a democratic state, with elected officials meant to support taxpayers, her experience is not normal. She emphasises that Luxembourg, one of the wealthiest countries with a high standard of living, should do better.
The experience has caused Julie to question her desire to continue living in Luxembourg, despite her love for the country and its many advantages. “Sometimes I even wonder if the state is aware of these situations and the effects it has on their goals,” she points out.
Julie’s objective in sharing her story with RTL Today is to highlight the lack of sufficient information on MyGuichet when it comes to unemployment and maternity leave, and the inadequate guidance from institutions. She hopes to shed light on these issues, create positive change, and ensure that women in their most vulnerable states are protected. Through raising awareness, she aims to protect others from facing the same struggles she did.
Following our conversation with Julie, RTL Today reached out to ADEM for a comment. Officials informed us that regulations around maternity leave are managed solely by CNS and require a six-month mandatory affiliation within 12 months preceding the leave period. ADEM cannot determine if jobseekers meet this requirement, officials further noted.
If conditions are met, CNS provides maternity benefits. Jobseekers receiving unemployment benefits continue receiving them with social coverage unchanged. ADEM denies advising pregnant women to hide their pregnancy, noting the Labour Code does not require disclosure to employers, but protection against dismissal starts only after the employer is informed with a pregnancy certificate.
RTL Today also reached out to CNS for confirmation. According to the Social Security Code, an insured employee is entitled to maternity benefits if they have been insured for at least six months in the year preceding maternity leave. Periods of unemployment benefits from ADEM do not count as compulsory insured periods for maternity leave. While unemployment benefits include health insurance contributions, they do not cover cash benefits like maternity leave. More information on social security contributions can be found on the respective Luxembourg government portal.
* Name has been changed.
