Ordinary vs extraordinary leaves

1. DIFFERENT TYPES OF LEAVES
Presented by : Maître Amal JAOUID,
Attorney at the Luxembourg Bar Association

2. NEED SOME TIME OFF..
WHAT FOR ?

3. I. ORDINARY LEAVES
- annual paid leave, collective leave
II. EXTRAORDINARY LEAVES :
A. related to personal grounds
B. related to parenthood and family
C. related to training
D. related to other activities
E. other reasons and special cases
TABLE OF CONTENTS

4. I. ORDINARY LEAVE :
ANNUAL PAID LEAVE
●
WHAT IS IT ? Your basic right to have some time-off !
●
CONDITIONS :
- min 3 months of uninterrupted work ;
- not allowed to carry out paid activity
- do not give up the leave unless termination of the contract
●
WHO ? employees, apprentices, CDD, CDI, special leaves, …
●
DURATION : 25 working days + + + (additional holidays, proportional calculation,
collective or individual agreement, disabled workers +6, mining idustry +1, ...)
●
WHEN ? At the employees discretion (exept some specific sectors), when asked in
advance unless :
→ the employer justifies his objection due to operational requirements or justified reasons of
other employees
→ repeted refusal without due cause = fault = valid reason for resignation with immediate
effect

5. I. ORDINARY LEAVE :
ANNUAL PAID LEAVE – SPECIAL CASES

COLLECTIVE LEAVE :
→ collective agreement , information first quarter of the year
→ collective leave duration > annual paid leave = offered in form of legal holidays

Could not take all of your leave ?
→ until 31.12 of n+1 year ; until 31.3 of n+X year (with reason)
→ possible to agree on accumulating unlimitedly or implement a time saving account

What about leave allowance ?
→ Obligation to be paid ! (average salary , no bonus)

What about being sick during leave ?
→ information (within 3 days if in the country, otherwise as soon as possible)
→ medical certificate's duration
→ obligation to come back to work afterwards and ask again !

TERMINATION : - no protection during normal leave ! - normal right to an indemnity
(days of non-taken leave)

6. SICKNESS LEAVE –
(EXTRA) ORDINARY LEAVE ?


7. II.B. EXTRAORDINARY LEAVE :
LEAVE FOR PERSONAL REASONS
●
WHO ?
→ any employee (even < 3 months of work) ;
→ employer must grant if justified
●
WHY ?
→ personal reasons, when the event takes place
●
HOW LONG ?
→ depends on the event (wedding/partnership, move, death of a family member, birth of
one's child, …) - 1 to 6 days (see table)
→ request by the employee, employer cannot refuse
→ normal salary
●
Special cases : sickness during the leave is not compensated ; during ordinary leave →
interruption ; on weekends or during legal public holidays → leave is moved to the
first wrking day

8. II. A. EXTRAORDINARY LEAVE :
related to family
→ pregancy, maternity leave, parental leave, adoption leave, for family reasons,
for nursing a dying or seriously ill family member,...

9. II.B. EXTRAORDINARY LEAVE :
PREGNANCY / MATERNITY LEAVE

WHO ? Women who are pregnant OR just gave birth (any employee, self-employed,
apprentice)

WHY ? To protect their health and allow them the choice to care for their child

You have RIGHTS !
→ protection against dismissal ;
→ special protection
in terms of health and safety and
other risk related to working conditions;
→ antenatal check-ups + exemption ;
→ several weeks of leave
DURING and AFTER the birth ;
→ working schedule organisation
(breastfeeding).

10. II.B. EXTRAORDINARY LEAVE :
PREGNANCY / MATERNITY LEAVE

FORMALITIES :
→ Obligation to due information in order to activate the rights and protections (no
obligation during job interview !)
→ medical certificate notified to the employer by registred letter/in person/fax or e-mail
(within 12 weeks of the expected date of delivery to the CNS and employer)

PROTECTION against DISMISSAL :
→ no dismissal with notice, but dimissal for gross misconduct (with autorization from
the court !) and cessation of business is possible ;
→ CONDITIONS : pregancy confirmed by a doctor ; notification until 8 days after
dismissal ; obligation for the empoyer to annul the dismissal, otherwise 15 days to
take action to labour court → termination is null and void = right to reinstatement ;
OR legal action for wrongful dismissal (in case of irregular dismissal for any reason)
→ DURATION of the protection : during the pregancy and 12 weeks AFTER

OTHER PROTECTIONS : breastfeeding women working schedule ; protection against
hazardous jobs and night work → obligation for the employer to take specific
measures (list) and inform (female employees, work comimitee, staff delegation,...)

11. II.B. EXTRAORDINARY LEAVE :
PREGNANCY / MATERNITY LEAVE

MATERNITY LEAVE :
1. ANTENATAL LEAVE
→ starts 8 weeks before the expected date of delivery (added to postnatal leave if the
birth is before expected date, OR postnatal leave is extended if the birth is after – max. 20
weeks )
2. POSTNATAL LEAVE
→ continues 8 weeks after the actual date of delivery,
extendable to 12 weeks (premature, multiple birth, breastfeeding)

CALCULATION = effective period of work
→ deferral of annual leave, seniority, position remains open, advantages, no
deregistration, salary payment by CNS after declaration

AFTER THE LEAVE : possible to resign without notice and without severance
payment (justified by wish to fully devote to the child) ; priority for re-employment

12. II.B. EXTRAORDINARY LEAVE :
PARENTAL LEAVE

WHAT is it ? (Who ? Why ? When?)
→ every parent (worker, apprentice, self-employed) with a child on a early age (until 6
years, 12 in case of adoption)
→ in order to take care fully of their child and raise them at home
→ cease working actvity OR reduce it and being paid (by Children's Future Fund)
→ first parental leave (immediately after birth or adoption) or second parental leave
→ special cases (trial period, unpaid leave, single parents,...)

PROTECTION against dismissal (2 or 4 months prior the start)

HOW LONG ? → with conditions : full-time (4 or 6 months per child), part-time (8 or
12 months) , split-leave (parental leave plan signed by both parties within 4 weeks or
refusal and interview within 2+2 weeks)

FORMALITIES : → application form by registred mail, max. 2 months before the start
of maternity or adoption leave / 4 months for second parental leave ; type of leave

APPROVAL / REFUSAL /POSTPONEMENT ? → cannot refuse, unless.. (irregular
formality ; part- or split-time only ; postpone only for second parental leaves and max. 2-6
months if duly justified and staff informed)

13. II.B. EXTRAORDINARY LEAVE :
LEAVE FOR FAMILY REASONS

WHO and WHY ?
→ every employee,
→ who needs to take care of his sick child (<15 years)

HOW LONG ?
→ 2 (or 4) days / child / year
→ extendable,
if serious illness or deficiency (max. 52 weeks)
→ information of the absence on the 1st
day (proof!)
→ upon presentation of a justified medical certificate

PROTECTION AGAINS DISMISSAL (with notice only)
→ period covered by medical certificate

SPECIAL CASE → extension of trial period (max. 1 month) ; no extension of fixed-term

14. II.C. EXTRAORDINARY LEAVE :
TRAINING LEAVE

WHO and WHY ?
→ employees or self-employed who wish t develop their professional skills
(training courses, exams, writing a thesis, complete a work in relation to a course,..)

HOW LONG ?
→ 80 days with a max. of 20 days/2 years ; calculation : 1/3 of the time devoted to
training (cf. example)

CONDITIONS :
→ min. 6 months work service (or 12 month registration for self-employed)
→ incldued : courses offered in Luxembourg or abroad by state or private schools ;
professional chambers ; communes ; associations and foundations ; administrations and
public establishments , .. → not necessarily directly related to profession
→ not included : undertaken or co-financed tranings (vocational training ; for staff
representatives ; safety officers ; Luxemburgish learning courses ; aid for short-time
workers)

FORMALITIES : application form 2 months before the start

15. II.C. EXTRAORDINARY
LEAVE :
TRAINING LEAVES
●
FOR STAFF REPRESENTATIVES :
- WHO and WHY ?
→ SR who wish to improve
their economic, social and technical knowledge,
proposed by professional organisations
- HOW LONG ?
→ 1 or 2 weeks during term of the office ( 15-49 / 50-150 employees ; 1 week per year
if more) + additional 16 hours if first mandate
→ Calculation : during the normal working hours , effective period of work, non deducted
normal salary
●
OTHER CASES : unpaid leave for training purposes , linguistic leave

16. II.D. EXTRAORDINARY LEAVE :
OTHER CASES
» POLITICAL LEAVE FOR ELECTED AND
COMMUNAL REPRESENTATIVES
» SOCIAL MANDATE LEAVE
» SPORTING LEAVE
» SPECIAL LEAVES FOR EMERGENCY
VOLUNTEERS
» DEVELOPMENT COOPERATION LEAVE
» LEAVE FOR YOUTH WORKERS

17. II.E. EXTRAORDINARY LEAVE :
JOB SEARCH LEAVE

WHO AND WHEN ?
→ an employee dimissed with notice
(no serious misconduct)
→ has the right of a leave to find a job
→ during his notice period
(in full or part, but not if the exemption of work is granted)

REFUSAL by the employer ? Only if urgent and pressing business matters ;
possibility to ask proof of job offer/interview

CONDITIONS : finish the notice period (fully or partialy) ; register at the ADEM (or
competent authority) as a jobseeker

HOW LONG ? → 6 working days max.

18. REGISTER OF ORDINARY AND
EXTRAORDINARY LEAVE
→ OBLIGATION OF THE EMPLOYER :
UPDATED , FORMALITIES (ITM, proof : date, name, duration, type of
leave, …) , ORDINARY, EXTRAORDINARY , SPECIAL LEAVES

19. THANK YOU FOR YOUR ATTENTION !