When a child is sick, a leave for family reasons can be requested.
This leave allows parents to stay with their child who is seriously ill or has suffered an accident.
The parent requesting a leave for family reasons must submit a medical certificate specifying:
- the illness, accident or other pressing health issue affecting the child;
- the mandatory presence of the parent with the ill child;
- the duration of their presence with the ill child.
On the first day of absence, the beneficiary must inform their employer personally or via an intermediary of their absence, either verbally or in writing.
The medical certificate including the insurance numbers of both parent and child must be presented to the competent health insurance fund by the third day of leave at the latest.
Every salaried or non-salaried worker (self-employed intellectual worker) responsible for a dependent child who has not reached 18 years of age, requiring the presence of a parent in case of serious illness, accident or other compelling health reason, may request a leave for family reasons.
The age limit of 18 years does not apply to children benefiting from the special additional allowance, as defined in article 274 of the Social Security Code.
A dependent child is a child born in or out of wedlock or an adopted child who needs the physical presence of one parent the moment the sickness occurs.
Duration of leave
The duration of leave for family reasons depends on the age of the child. There are three different age groups:
||Child aged 0 to 3 inclusive||12 days of leave for this whole period and per child|
|2||Child aged 4 to 12 inclusive
||18 days of leave for this whole period and per child|
|3||Child aged 13 to 17 inclusive and hospitalised
5 days of leave for this whole period and per child in the case of hospitalisation
For children benefiting from a special additional allowance (article 274 of the Social Security Code), the condition of hospitalisation does not apply.
For children benefiting from a special additional allowance (article 274 of the Social Security Code), the duration of leave for family reasons is doubled per age group and the condition of hospitalisation does not apply.
The leave for family reasons may be split. Time taken off for not more than four hours will not be counted as more than half a day's leave.
The number of days is the number over the whole period for which the days of leave are foreseen. This number will not be reset every year.
The two parents can request the same number of days of leave but not at the same time.
The duration may be extended following approval of the CMSS (Medical Board of the Social Security) in the case of children afflicted with a serious illness or suffering from an exceptionally grave disability, as defined by the Grand-Ducal regulation of 10.5.1999, i.e.:
- those in a progressive phase of cancer;
- illnesses requiring admission to an intensive care unit for a duration of at least two consecutive weeks.
In such cases, a complete dossier, including a medical report, must be submitted.
The balance of leave for family reasons can be consulted via MyGuichet.lu.
Only the insured person can consult their balance and inform their employer about it.
Terms of payment
In principle, private sector employees benefit from the continuation of pay by the employer. The allowance for leave for family reasons must be advanced by the employer and the employer is reimbursed for all the wage costs paid in connection with this leave by the Employers' Mutual Insurance Fund (Mutualité des employeurs), provided that the family leave has been declared with a medical certificate by the employee to the competent fund and by the employer to the Common Centre of Social Security (CCSS).
If the insured person is no longer entitled to continuation of pay by their employer, the cash benefits will be paid directly to them by the CNS.
Self-employed persons affiliated to the Employers' Mutual Insurance Fund must also declare a leave for family reasons to their competent fund by sending a medical certificate in order to benefit from the payment of the benefits by the Employers' Mutual Insurance Fund.