A new law provides that family leave for Covid-19 would remain in effect until 23 July 2022.
Renewed several times over the last two years, this measure makes one of the parents eligible for family leave under certain conditions when a child has to be quarantined or isolated or when he or she cannot attend his or her educational and care institution following a decision to close it down completely or partially.
This date of 23 July 2022 ensures that the measures remains in force not only until the end of the current school year in the Grand Duchy, but also until the beginning of the summer vacations in the neighbouring countries.
This new extension of the notwithstanding clause takes into account the evolution of the epidemiological situation and the high number of infections with the Omicron variant.
Who is concerned ?
Any parent (employee, self-employed, apprentice) affiliated in Luxembourg who is responsible for a child :
- vulnerable to COVID-19 pursuant to the recommendations of the Higher Council for Infectious Diseases, or
- less than 13 years of age under a quarantine or isolation measure decided or recommended by the Health Directorate, or;
- between 13 and 18 years of age and hospitalized under a quarantine or isolation measure decided or recommended by the Health Directorate, or;
- born before 1 September 2017 and under 13 years of age or who has not left the basic education system and cannot attend the school or education and care facility, or who benefits from distance education, following a decision to close decided by the competent authority; or
- born after 1 September 2016, who cannot attend a childcare facility provided that it also cares for young children, following a decision to close decided by the competent authority; or
- less than 13 years of age attending a school or child care facility which, for reasons related to the health crisis caused by the Covid-19 pandemic, had to be closed on individual decision by the competent authority.
How to process ?
A parent who needs to take leave for family reasons must inform their employer as quickly as possible, either verbally or in writing, and indicate the start and end date of said leave.
The parent must then fill in the NEW form for leave for family reasons in the context of the COVID-19 pandemic, sign it, and send it to both the National Health Fund (Caisse nationale de santé – CNS) and their employer.
Then, depending on the given situation (boxes to be ticked on the form), different documents must be attached to the application. The official documents vary from country to country :
- Quarantine/isolation order for the child issued by the Health Directorate, or ;
- Certificate of school closure issued by the Ministry of National Education and Youth (MENJE).
- Official document issued by the health insurance for contact cases and school closures. Also a document proving work stoppage can be requested through declare.ameli in case of need for a certificate of incapacity for work, or ;
- School closure certificate in the name of the child issued by the competent authority (e.g. school management, commune, etc.).
- Medical certificate confirming quarantine/isolation or a recommendation for quarantine/isolation issued by the competent authority, or ;
- Certificate of school closure in the name of the child issued by the competent authority (e.g. school management, commune, etc).
- Official quarantine/isolation document issued by the Gesundheitsamt/-behörde of the competent Land, or ;
- School closure certificate issued by the competent authority (e.g. school management, municipality, etc.) in the name of the child.
All these documents must be nominative (in the name of the child).
Similarly, the NSC may request proof of a positive PCR test of the person/child concerned.