EMPLOYEES WILL SOON BE ENTITLED TO TWO NEW FORMS OF SPECIAL LEAVE AND TO REQUEST FLEXIBLE WORKING ARRANGEMENTS IN ORDER TO ENJOY A BETTER WORK-LIFE BALANCE. SAME-SEX COUPLES WILL BE ABLE TO TAKE 10 DAYS OF SPECIAL LEAVE FOR THE BIRTH OF A CHILD.
Two new laws modifying the Luxembourg Labour Code (Code du Travail) with regard to the special leave and flexible working arrangements that are available to employees will soon come into effect. Bills of law n8016_ and n8017_ were exempted from a second constitutional vote by the Conseil d’État (State Council) on 14 July 2023 and will be published in the Luxembourg Official Journal shortly. They implement Directive (EU) 2019/1158 on work-life balance for parents and carers. [1]
As summarised below, the new laws create new rights for employees together with new obligations for employers, in addition to amending certain existing provisions to make them clearer.
1. New types of special leave
Two new special leave entitlements are introduced into the Labour Code.
Employees must meet certain criteria in order to make use of these leave entitlements. Furthermore, they must inform their employer or a representative of the employer of their absence either in person or through a third party, orally or in writing and, at the latest, on the day of the absence.
During these two forms of special leave, up to 50% of the salary paid by the employer will be paid by the State, up to a limit of five times the social minimum wage for unskilled...
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