Companies guide · parental leave

Parental leave in Luxembourg: what employers can, must and cannot do.

By the Kawi team · Updated

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:

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:

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

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.

Request the company plan

FAQ

Can an employer refuse parental leave in Luxembourg?+
The first parental leave, requested properly and 2 months before maternity leave, can be neither refused nor postponed. The employer can refuse part-time or split leave, by registered letter within 2 weeks, followed by a meeting.
Can an employer postpone the second parental leave?+
Yes, in specific cases: up to 2 months for disruption or impossible replacement, up to 6 months in a company with fewer than 15 employees, or until the end of a season. It must be notified within 4 weeks, otherwise the leave is accepted automatically.
Who pays the employee during parental leave?+
Full-time, the employer stops paying salary: the allowance comes from the Zukunftskeess. Part-time or split, the employer pays the hours worked and declares them monthly.
What happens when an employee returns from parental leave?+
They return to their job or an equivalent one, and can request adjusted working hours for up to one year in a meeting. A refusal must be justified.
Can you replace an employee on parental leave?+
Yes, with a fixed-term contract starting no earlier than 3 months before the leave and ending no later than 3 months after, in the same role or another.