Unpaid leave for training in Luxembourg

Luxembourg's unpaid leave for training

Everyone usually knows what paid vacation is, the 26 working days per year that accumulate as time worked piles up and to which employees are entitled as days off. However, what not everyone knows is that it is also possible to request leave for other reasons, such as force majeure or extraordinary personal circumstances, including a wedding or the death of a close relative, among others.

One of the reasons for which leave can be requested, which will be discussed in this article, is to undertake long-term professional training. This is a Luxembourg unpaid leave that allows the employee to return to the company after the leave without losing their acquired rights.

During this type of leave, the employment contract is suspended, and the duration of the leave is not taken into account when determining rights related to seniority, unless there are legal or contractual provisions to the contrary. Upon their return, the worker must be able to regain their job and all the benefits acquired before the start of the leave or, if this is not possible, a similar job that corresponds to their qualifications and with at least equivalent remuneration and the same benefits acquired.

However, this type of leave cannot be requested without further ado. This type of leave is designed solely for private sector workers who wish to pursue long-term training and is subject to certain conditions, including the approval of the employer. Specifically, the worker and the leave must meet the following conditions:

• Employer: workers must be employed by a private company.
• Seniority: workers must have a minimum of two years' seniority in the company at the time of applying for leave.
• Duration: unpaid leave must last for at least four consecutive weeks and has a maximum duration of 6 consecutive months. In addition, the cumulative duration of unpaid leave per employer cannot exceed 2 years.

Furthermore, the training that the worker wishes to pursue cannot be just any training; it must be offered by the following national or foreign entities:

• Institutions that have the status of public or private schools are recognised by the authorities and issue certificates recognised by those authorities, such as institutes, universities, or higher education institutions.
• Continuing vocational training organisations legally established in an EU member state or in a country that has ratified a bilateral treaty with Luxembourg on this matter and that has authorisation in the country of origin.

Or alternatively, by the following national entities:

• Professional chambers.
• Municipalities.
• Foundations, individuals or private associations authorised by the Minister of Vocational Training.
• Ministries, administrations, and public bodies. 
• Private continuing vocational training organisations that have authorisation to operate.
• Companies that supply materials and services that promote technological progress and provide training related to such materials.
• Providers that have authorisation from the Ministry of Health.

Application process

Once the employee has ensured compliance with all requirements, he may submit a request to the employer by certified mail or hand-delivered letter, in both cases with acknowledgment of receipt and observing a notice period of two months for leave of less than three months' duration or four months for leave of three months or more.

Once the employer receives the request, they must respond in writing within 30 days with an acknowledgement of receipt and have three options for response:

• Acceptance: the employer may accept the request and require the employee to submit a certificate of participation in the training for which the unpaid leave was granted.
• Denial: the employer may deny the request if the applicant is a senior manager or if the company normally employs fewer than 15 employees. In addition, if the company is faced with multiple requests for unpaid leave that cannot be granted simultaneously and no agreement is reached among the employees, the company may deny certain requests, giving priority to the request of the employee with the longest seniority.
• Deferral: the employer may defer the requested leave for one year when its duration is less than or equal to three months, or for two years when it is greater than three months, and the deferral must be justified. The justification is considered valid if the requested leave causes serious disruption to work, if a replacement cannot be organised during the notification period due to the specific nature of the work performed by the applicant or a shortage of labor in the sector or profession in question, or if the work is seasonal in nature and the request relates to a period that falls within a season.

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Cancellation of unpaid leave during its term

Once the employer has accepted the request for unpaid leave, neither the employer nor the employee can change their mind, except in cases of force majeure and under certain conditions. These conditions vary depending on whether the change of mind or desire to cancel the leave during its course comes from the employer or the employee:

• 🏢Request by the employer: the employer must compensate the employee for any expenses already incurred and not recoverable for their training. 
• 👔Request by the employee: the employee must have the employer's approval and may only return to their position if the employer has not hired another worker on a fixed-term contract to replace them. However, if the desire to cancel the leave is due to an illness lasting more than 25% of the duration of the leave or to a force majeure event that makes it totally or partially impossible to participate in the training, the employer must agree to the request unless, for reasons of work organisation, it is impossible to reinstate the employee before the end of the period of leave requested and granted.

Conclusion

Unpaid leave for professional training in Luxembourg is a valuable tool for both employees and companies. It allows private sector workers to advance their professional development, acquire new skills, and respond to the changing demands of the labour market, all without losing the security of their job.

This article has outlined the main features and conditions of this type of leave, but we know that questions may arise for one reason or another, and we would like to remind you that EasyBiz is here to help. Don't hesitate to contact us.