Working Mothers in Luxembourg

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 16.0 weeks
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? More than one hour
What is the length of breastfeeding breaks? No provision
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? A mix of both
What is the total duration of parental leave? 180 days
What is the wage replacement rate for parental leave? Flat rate
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? No

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

Female workers are entitled to 16 weeks of maternity leave. Of these 16 weeks, 8 weeks is pre-natal and 8 weeks is post-natal leave. If child birth occurs before expected date of delivery, days of pre-natal leave that are not taken are added to the post-natal leave. On the other hand, if child birth occurs after the expected date of delivery, post-natal leave is extended until the effective date of birth, without reducing the duration of post-natal leave which remains 8 weeks.

Post-natal leave is extended by 4 weeks (total duration: 12 weeks) in case of pre-mature delivery (before 37th week of pregnancy), multiple births, and in case of breastfeeding.

sources: §332 of Labour Code 2006, last amended in 2013

Workers are entitled to financial maternity benefits during the term of maternity leave with the condition that an employee (or self-employed worker) must have been registered with the sickness and maternity insurance for at least 6 months during the 12 months preceding maternity leave.

Workers are entitled to their full salary during the term of maternity leave. Those female individuals who are not entitled to maternity benefits during maternity leave are granted maternity allowance. Maternity benefit cannot be lower than the social minimum wage, i.e., gross amount of EUR1921.03 per month (as of January 2014). Maternity benefit cannot be higher than five times the social minimum wage, i.e., gross amount of EUR 9,605.13 per month (as of January 2014). Maternity benefit cannot be cumulated with other benefits like sickness benefit.

The Maternity leave is funded in the same way as sickness benefits, with funding shared between employers (30 per cent), employees (30 per cent) and the State (40 per cent).

sources: §332 of Labour Code 2006, last amended in 2013; §25 of Social Security Code 1925, last amended in 2013

More about parental leave:

Parental leave is special leave granted to parents on birth or adoption of a child and can be availed before a child reaches the age of five years. The leave must be taken at least one and a half months before a child reaches the age of five years. Parental leave duration is six months. Parental leave cannot be split, i.e., it must be taken in full and at once (in one go). In agreement with the employer, parental leave may be availed as part time. In that case, the duration of leave is 12 months. Parental leave is individual entitlement and it cannot be transferred from one parent to the other. All employees are eligible for parental leave if they have worked for at least one year with the same employer (for at least 20 hours per week) and if they take care of the child at home.

Both parents cannot take parental leave at the same time. If both parents apply for parental leave, mother has priority. There is also first and second parental leave. The first parental leave is taken by either of the parents following maternity leave. The second parental leave is taken by the other parent until the child is 05 years old. Parental leave duration does not increase in the case of multiple births or single parents. There is also provision for unpaid parental leave of four month duration if a parent does not take first parental leave and wishes to reserve the second parental leave to the other parent.

Employment relationship is suspended during parental leave; the employer is not required to pay an employee during parental leave of six months (full time leave). During parental leave of 12 months (part time leave), workers are entitled to at least 50% of their earnings. Parents are entitled to a monthly allowance (flat rate) paid by the National Fund for Family Services (CNPF). The parental leave allowance is set at a flat rate of €1,778.31 for a full-time leave and €889.15 for part-time leave regardless of the beneficiary's work before parental leave.

sources: §234(43-48) of Labour Code 2006, last amended in 2013; §306 of Social Security Code 1925, last amended in 2013