Paternity Leave in Luxembourg

Overview and legal framework of paternity leave

Paternity leave is a 10-day leave granted to employed or self-employed fathers on the occasion of the birth or adoption of a child under 16 years of age. This leave is part of the work-life balance measures and reflects the Luxembourg legal framework's commitment to gender equality. A commitment that has existed since before paternity leave became mandatory in the European Union.

European legislation currently provides for a minimum of 10 working days of paternity leave for fathers, as set out in Directive (EU) 2019/1158 of the European Parliament and of the Council on the reconciliation of the working and personal lives of parents and caregivers. However, some countries go further and include even more extensive leave as can be seen in the following chart.

Source: European Parliament *Additional information on these countries can be found in the original file.

In Luxembourg, paternity leave is mainly regulated by the Labour Code, which includes legal provisions related to employment, labor rights and family leave. In addition, Directive (EU) 2019/1158, which we mentioned above, gave rise to two new laws, that of July 29 and that of August 15, 2023, aimed at transposing that directive into national law. Although Luxembourg already complied with the minimum number of paternity days established by this directive, the law of July 19, 2023, which entered into force on August 22, 2023, introduced some changes to the labor code related to this topic.

In the following sections, we will examine the current state of Luxembourg legislation regarding paternity leave taking into account the latest contributions made by the law of August 15, 2023.

Conditions and deadlines to respect

In Luxembourg, employed or self-employed fathers are entitled to paternity leave on the occasion of the birth or adoption of a child under 16 years of age. Additionally, in the case of same-sex couples, persons recognized as equivalent second parents under the applicable national legislation are also entitled to paternity leave.

To be entitled to this leave, employees must inform their employer in writing at least 2 months in advance of the foreseeable dates on which they wish to take their leave. This communication must also be accompanied, in the case of a birth, by a medical certificate indicating the presumed date of birth or, in the case of the adoption of a child, by a document indicating the expected date of reception.

If the birth takes place 2 months before the expected date, the notice period does not apply and furthermore, if for any reason this notification is not made within the established period the leave can only be taken once and immediately after the birth of the child, unless the employer and the employee agree to use another solution.

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Duration of the paternity leave

For employees whose normal workweek is 40 hours, paternity leave in Luxembourg is 80 hours, which may be taken in installments. For employees whose working week is less than 40 hours, these leave hours are fixed in proportion to the weekly working hours established in the corresponding employment contract. In addition, in the event of multiple births, the father is entitled to paternity leave for each child, i.e. 160 hours if there are two children, 240 hours if there are three and so on.

These hours must be taken within 2 months from the birth of the child or, in case of adoption, from the transfer of the child to the same home or from the date on which the adoption takes effect. However, three possible cases involving special adjustments must be taken into account:

Lack of agreement as to the days of leave: if the worker and the employer are unable to reach an agreement as to the days of leave, the leave must be taken all at once and immediately after the event either the birth of the child or its adoption.
Premature birth and ordinary vacation: if the initially planned paternity leave has to be moved, for example, due to a premature birth, and as a consequence falls during a period of ordinary vacation, the latter is interrupted by the respective duration of the paternity leave.
Illness of the father during the leave: if the father falls ill for one or more days during the previously agreed paternity leave, he loses the paternity leave corresponding to those days of illness.

FAQ

How does Luxembourg’s paternity leave compare to the EU minimum requirements?

The European Union's Directive on Work-Life Balance mandates a minimum of 10 working days of paternity leave for fathers. Luxembourg aligns perfectly with this requirement, offering 10 working days of fully paid paternity leave.

How is paternity leave paid in Luxembourg?

Paternity leave in Luxembourg is fully paid. Throughout the 10 working days, the employee receives their regular salary, which the employer initially covers. However, the National Health Fund (Caisse Nationale de Santé) reimburses the employer for the cost of the leave. This system ensures that both fathers and employers are supported financially.

How has paternity leave in Luxembourg evolved over the years?

Paternity leave in Luxembourg has evolved significantly. Initially, fathers were entitled to two days of special leave after the birth of a child. It has evolved, however, and the government extended this entitlement to 10 working days.

Is paternity leave in Luxembourg the same for adopted children?

Yes, paternity leave in Luxembourg is the same for adopted children. Fathers of adopted children are entitled to the same 10 working days of leave as those of biological children, ensuring equal treatment for all families, regardless of the nature of parenthood.

What documentation is required to apply for paternity leave?

To apply for paternity leave, the employee must inform their employer in writing at least two months in advance, specifying the chosen dates for the leave. A birth certificate or proof of adoption must also be provided to confirm eligibility.