From 15 December 2017, the Act dated 31 July 2006 concerning exceptional leave under labour law, has been changed.

Now, an employee can justify an absence from work (on full salary) under article L.233-16 in the following cases:

- one day for the death of a second-degree relative or his/her spouse or partner;
- one day for the marriage of a child;
- two days for moving house (once over a 3-year period of employment), unless moving for professional reasons
- three days for the death of a spouse or partner or a first-degree relative (of either the employee or of their spouse/partner)
- three days for getting married, or one day for the declaration of a partnership
- ten days in the case of adopting a child aged under 16
- five days in the case of death of a child (minor)

However, if such scenarios arise during absence from work due to illness, the above paid absences do not apply.

Most (all, excluding #2 and #7 above) must be taken at the time when the entitlement is due. The others must be taken within 2 months.

The employee must inform the employer two months before foreseeable dates (e.g. marriage, adoption).

From the third day, all holidays are paid by the State budget, as in the case of standard illness. The limit is set at five times the minimum (unskilled) wage.

Paternity leave

Paternity leave applies both the employees and to those on vocational training courses, with applications to be submitted at least two months ahead of the first scheduled day of leave. The employer may request relevant medical documentation. In the case of multiple births, the father may only take a single paternity leave.

In case of sickness during one or more days of his paternity leave previously fixed, the paternity leave corresponding to these days of illness can not be postponed.

A part-time employee is also entitled to 10 days of paternity leave.

Any questions related to the above may be addressed directly to the Ministry of Labour, Employment and the Social and Solidarity Economy, for the attention of Mariette Scholtus, email: Mariette.Scholtus@mt.etat.lu, tel: 247-86114