Rights of Cross-Border Caregivers in Luxembourg

Employees, salaried or self-employed workers in Luxembourg:

• who are responsible for a child under 13 can benefit from the leave if the child is subject to a measure of quarantine, isolation, exclusion, separation, or home confinement for urgent public health reasons, decided or recommended by the competent national or foreign authority to limit the spread of an epidemic.
• who are responsible for a child under 18 can benefit from the leave in case of serious illness, accident, or any other urgent health reason requiring their presence.

Duration

The duration of the leave depends on the age of the child:

• 0 to 3 years: 12 days of leave per child;
• 4 to 12 years: 18 days of leave per child;
• 13 to 17 years (hospitalized): 5 days of leave per child in case of hospitalization.

For children receiving an additional special allowance, the duration of the leave is doubled without the hospitalization condition.

Procedures

In the first case, the leave is justified by a medical certificate. In the second case, a certificate from the competent authority is required.

The beneficiary must inform their employer on the day of absence and send the certificate, including the registration numbers of the child and the parent, to the competent health insurance fund within three days.

Caregiver leave allows the employee to provide care or personal assistance to a family member living in their household who requires significant care or assistance due to a serious medical condition reducing their capacity and autonomy. By family member, this includes the son, daughter, mother, father, spouse, or partner. The law provides that this leave is 5 days over a 12-month period.

The cross-border employee must notify their employer no later than the day of their absence. They must also provide a medical certificate no later than the third day following each absence, as well as a document proving the family relationship with the person requiring their assistance.

This leave can be requested by any cross-border worker employed in Luxembourg whose relative is suffering from a serious terminal illness.

The following relatives are concerned:

• Ascendants or descendants in the first degree (parents, parents-in-law, children, or stepchildren);
• Collaterals in the second degree (brothers, sisters, brothers-in-law, or sisters-in-law);
• The spouse or partner bound by a PACS.

The leave period is treated as a health-related work incapacity, thus providing the employee protection against dismissal.

Duration

The duration of this leave cannot exceed 5 working days per relative per year. It can be taken in multiple periods or part-time.

Procedures

The employee must submit their request to their employer no later than the first day of absence.

In addition, it is necessary to complete the form available here: End-of-Life Accompaniment Leave Form and send it to the CNS, accompanied by the following documents:

• A certificate issued by the attending physician justifying the granting of the accompaniment leave;
• If the terminally ill person does not have a national identification number (13-digit registration), a copy of their birth certificate, family record book, or identity card.

Once the procedure is completed, the employee will receive an “accompaniment booklet.”