Exceptional measuresLeave for family support explained

As part of the measures taken by the government to limit the spread of the coronavirus, authorities have created paid leave to support family.

This aims to help employees in the private sector, as well as the self-employed who are obliged to stop working due to the closure of an approved structure for people with disabilities, or for the elderly, in order to be able to take care of dependants living in their household.

Most of the structures for people with disabilities and for the elderly, other than accommodation structures, were forced to close their doors as part of the fight against the Covid-19 pandemic. More specifically, these are reception and day care, training and work structures.

Those affected are generally elderly people suffering from a considerable loss of autonomy and can no longer be left at home alone, or adults with disabilities, who are highly dependent on the assistance of a third person.

These people often live with a family member or loved one who has been forced to take recreational leave to care for them.

CERTAIN CONDITIONS

To date, there has been no specific leave for those who must care for an adult dependent person in their household.

In order to be able to benefit from the family support leave, the following conditions must be met:

• the approved structure, which normally takes care of the disabled or elderly person, must have notified the Ministry of its closure, or the closure of part of its activities due to the crisis;
• the private sector employee or the self-employed takes care of the adult person with a disability or the elderly person within their household;
• neither the private sector employee nor the self-employed applicant, nor any other member of the household in question falls under partial unemployment during the period for which the leave is requested, and no other means of care must be available.

ONE MEMBER PER HOUSEHOLD

The duration of leave for family support cannot exceed the duration of the state of emergency, and will end prior to this if the approved structure notifies the Ministry of its reopening, or the resumption of part of its activities .

Leave can be split between different members of a household but cannot be taken by them at the same time.

The measure can be backdated to 18 March 2020.

Employees in the private sector or the self-employed must request a certificate from the Ministry of Families and Integration attesting to the need for leave for family support. This certificate must be a medical certificate with regard to the employer and the National Health Fund (CNS). The certificate must be sent immediately to the employer and to the CNS.

The certificate request can be downloaded from the website www.mfamigr.gouvernement.lu  or on guichet.lu .

Family support leave is limited to the self-employed and employees in the private sector. In the public and municipal sectors, employees and civil servants may be granted exceptional exemption.