Maternity leave in Luxembourg
Any woman legally working in Luxembourg, whether resident or cross-border, has a right to maternity leave. This applies to all Luxembourg working contracts, including apprenticeship contracts, seasonal student contracts and self-employed women.
Pregnancy information to the employer
A pregnant woman has a special protection status in Luxembourg as soon as her employer is informed of her pregnancy until the end of her child’s breastfeeding.
Your employer must be informed at least 10 weeks before the birth with a medical certificate attesting to the pregnancy and notifying the expected date of delivery. This medical certificate will be sent by registered mail or delivered by hand to the employer against signature with date of receipt. The employer will forward this medical certificate to the competent health fund for information.
Prenatal medical visits can be performed on working time without loss of pay.
During the hiring process, a pregnant woman is not required to report her condition. In the case of an indefinite contract with a probationary period,this is suspended from the time of pregnancy until departure on maternity leave. The trial period will resume 12 weeks after delivery.
Protection during pregnancy or breastfeeding
In case of need, the working time or the workstation will be provisionally adjusted by the employer in agreement with the occupational medicine and without loss of remuneration. In the event of exemption from work, a financial compensation will be paid to the pregnant or nursing woman by the Caisse de Maladie.
A pregnant or breastfeeding woman can not be dismissed with notice, from the moment the employer becomes aware of the pregnancy until 12 weeks after delivery. Note that dismissal for serious misconduct may apply.
At the end of her maternity leave, and without any notice, a woman may break her employment contract to take care of her child. It then, she benefits from a re-employment priority for one year, when the company opens a hiring procedure for a position for which she has the necessary qualifications.
Allowances for maternity leave
To benefit from allowances for maternity leave, the employee must have previously contributed for at least 6 months to Social Security in the last 12 months.
Maternity leave is 16 weeks in Luxembourg:
- Prenatal leave 8 weeks before the expected date of delivery
- Postnatal leave 8 weeks after the date of delivery, with 4 additional weeks in case of premature birth, multiple births or breastfeeding.
The woman stil benefits from usual annual leave days. These will be postponed at the end of maternity leave.
She also benefits from seniority in her job.
The maternity leave is paid by the Caisse Nationale de Santé up to the gross salary of the previous working months (up to 5 times the minimum wage).
A birth certificate should be sent to the CNS as soon as possible after delivery.
As soon as she goes back to work after the maternity leave, the breastfeeding woman is entitled to a breastfeeding break up to 2 times 45 minutes per working day.
For more information or for any special case, consult the website of the Caisse Nationale de Santé..
Parental leave in Luxembourg
Who can apply for parental leave?
After the birth of a child, both parents, provided they are affiliated to the Grand Duchy of Luxembourg and work there, are entitled to parental leave for the same child under the following conditions: except in special cases, one of the two parental leaves must begin at the end of the maternity leave, the other must be taken at the same time or later, but before the child’s 6th birthday (12 years old in the case of an adopted child).
Length of parental leave
The applicant for the parental leave may choose different durations. For example, a full-time employee working 40 hours a week may be eligible for a parental leave of:
- Full-time leave of 4 or 6 months
- Half-time leave of 8 or 12 months
- Fractional leave of 4 months for a maximum of 20 months or 1 day per week for a maximum of 20 months.
How to apply ?
The request for parental leave must be sent by the employee to his employer no later than 2 months before the start of the maternity leave.
The self-employed worker will contact the CAE (Caisse for the Future of Children) directly within the same period.
For more information or for any special case, consult the website cae.public.lu.
Learn more about birth allowances and family allowances.
Learn more about nurseries and child care in Luxembourg.