Updated on
01/07/2025
Parental leave
What is the purpose of parental leave? – Parental leave is designed to enable parents to spend time with and care for their child during early childhood.
What are the conditions for parental leave? – The parent must raise the child(ren) at home during parental leave and devote himself/herself mainly to his/her upbringing.
What are the conditions for parental leave? – The parent must raise the child(ren) at home during parental leave and devote himself/herself mainly to his/her upbringing.
What the parent must do:
- Have an employment contract valid for the entire duration of the parental leave.
- Be continuously covered by social security in Luxembourg for at least 10 working hours per week for at least the 12 months immediately preceding the parental leave.
- Take care of the child during the parental leave period. Depending on the chosen type of parental leave, working may be fully prohibited or only allowed on a part-time basis.
- In the case of non-continuous parental leave: the parent must reduce their working hours by 20% per week for a maximum of 20 months or divide them into 4 periods of one month each.
What the parent may do:
- In the case of full-time parental leave: the parent may not carry out any professional activity (this is a restriction, not a choice).
- In the case of part-time parental leave: the parent may only work part-time for the same employer, and the total working hours per month may not exceed half of the working hours worked before the parental leave.
- If the employer changes during parental leave, the leave may be continued if the new employer agrees or it may be interrupted without the parent having to repay the parental allowance already received.
Can both parents apply for parental leave? – No, only one parent can take parental leave at a time. If both parents who meet the conditions apply for parental leave at the same time, they must state in their respective applications which of them will take the first and which will take the second parental leave. In case of disagreement, the first parental leave will be granted to the parent with the first surname in alphabetical order.
What is the difference between the 1st and 2nd parental leave? – The first parental leave is taken by one of the parents immediately following the maternity or adoption leave. If neither parent takes the first parental leave, the right to it is lost permanently and the parents are then only entitled to the second paid parental leave, which must be taken before the child’s 6th birthday.
What happens if I have switched workplaces less than 12 months before applying for parental leave? – A change of job during the 12 months prior to parental leave can only be authorised with the consent of the new employer.
If the employer changes during parental leave, the leave may be continued if the new employer agrees, or it may be interrupted without the parent having to repay the parental allowance already received.
Can I get fired during my parental leave? – The employer cannot dismiss an employee with notice during parental leave. This protection against dismissal with notice applies from the last day of the period for submitting the application for leave and for the entire duration of the parental leave (regardless of whether it is full-time, part-time or non-continuous parental leave). During this period, the employer may not give the employee notice of termination of their employment contract or an invitation to a preliminary interview.
The protection against dismissal is not absolute. It only applies to ordinary dismissals and not to serious misconduct. In the event of serious misconduct, the employer can dismiss the employee without notice (extraordinary dismissal).