Companies guide · parental leave
Parental leave in Luxembourg: what employers can, must and cannot do.
An employee hands you a parental leave request. Can you say no, postpone it, replace them, and what happens when they come back? Here are the employer's rules, in the order they come up, with the official guichet.lu page for every detail. Parental leave is one of the things that matter for retaining international talent: handling it well is already retention.
First parental leave: no refusal, no postponement
The first parental leave is taken right after maternity leave. The employee requests it in writing no later than 2 months before maternity leave starts. If the request meets the form and deadline, you can neither refuse nor postpone it.
You can, however, refuse part-time or split leave. The employee then takes full-time leave, or gives it up.
Part-time and split leave: your agreement, and a procedure
Half-time and split leave (one day a week, or four months spread out) need your agreement. They are set out in a parental leave plan signed by both of you within 4 weeks of the request.
If you refuse:
- you notify it by registered letter with acknowledgement of receipt within 2 weeks of the request;
- you invite the employee to a meeting within 2 weeks of that refusal, to explain it and propose another option in writing;
- without a signed agreement within 2 weeks of the meeting, the employee takes full-time leave, 4 or 6 months, as they choose.
Second parental leave: postponement, in specific cases
The second leave is requested at least 4 months in advance and must start before the child turns 6. You can postpone it:
- by up to 2 months if several simultaneous requests disrupt the organisation, if replacement is impossible during the 4-month notice (very specific role, shortage in the sector), or if the employee is a senior manager involved in running the company;
- by up to 6 months if the company employs fewer than 15 people;
- until the end of the season for seasonal work during a peak period.
Postponement is notified by registered letter within 4 weeks of the request, with the reason and a new date. Without a reply within that time, the leave is accepted automatically. No postponement is possible if the child's health or certified school difficulties require the parent's presence, or if you have already agreed.
During the leave: pay, replacement, seniority
- Full-time, the contract is suspended: you stop paying salary, meal vouchers and benefits in kind. The allowance is paid by the Zukunftskeess, not by you.
- Part-time or split, you pay the hours worked and declare them every month.
- Replacement: you can hire a replacement on a fixed-term contract, in the same role or another. Their contract starts no earlier than 3 months before the leave (or before maternity leave) and ends no later than 3 months after.
- Seniority: the period counts. Annual leave not taken before full-time leave is carried over until the return.
- Staying in touch: training and meetings during the leave are possible if agreed by contract amendment at least one month before; the employee can end them without consequence.
Protection against dismissal
The employee is protected against dismissal with notice from the end of the request deadline: 2 months and 1 day before maternity leave for the first leave, 4 months and 1 day before the leave for the second, then throughout the leave. Only immediate dismissal for serious misconduct remains possible.
The return: equivalent job and a meeting
At the end of the leave, the employee returns to their job or an equivalent one (pay and qualification). They are entitled to a meeting to request adjusted working hours or rhythm for up to one year. A refusal must be justified, otherwise the employee can claim damages.
If they change employer during the leave, they can continue it with the new employer's agreement (Zukunftskeess FAQ).
Preparing the conversation with your employee
Before the meeting, your employee will want to know what they will receive and when to file their requests. Share the parental leave simulator and calendar with them: they arrive with figures, and the conversation gets easier. For more on benefits, see also the family benefit missing from packages.
Help your team’s families settle in.
The Kawi company plan: the app offered to your employees’ children, so they start Luxembourg school with confidence.
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