Can I take time off work to look after my sick child in Luxembourg?
Yes — family-reasons leave exists for exactly this, and it is paid, not taken from your holidays. Articles L.234-51 and following of the Labour Code let an employee take time off to care for their sick child under 18 who needs their presence. The number of days depends on the child's age: 12 days from 0 to under 4, 18 days from 4 to under 13, and 5 days from 13 to 18 (only in case of hospitalisation) — a total of up to 35 days per child across their whole childhood. You must tell your employer on the first day and provide a medical certificate. The myth: "it's 2 days a year per child" — false; that old rule disappeared in 2018, replaced by an allowance per age band, valid for the whole period and no longer renewed each year.
📋 The rules
- Legal basis: Articles L.234-51 and following of the Labour Code grant family-reasons leave to the parent of a child under 18 who needs their presence.
- 12, 18 or 5 days: the entitlement is 12 days (0 to under 4), 18 days (4 to under 13) and 5 days (13 to 18, hospitalisation only).
- 35 days in total: combined, these bands allow up to 35 days per child from birth to age 18, and not an annual entitlement.
- Medical certificate: the employee must tell the employer the same day and provide a medical certificate, sent to the health fund within 3 days.
- Paid leave: the leave is treated like an incapacity for work and paid; it is not deducted from annual holidays.
🔓 Exceptions
- Exceptional extension: in case of exceptionally serious illness, the leave can be extended up to 52 weeks over a 104-week reference period.
- One parent at a time: as a rule both parents may not take the leave at the same time for the same child and the same event.
- Child with a disability: for a child receiving a special supplementary allowance, the durations are adapted and extended under the applicable rules.
⚠️ Penalties & fines
The main risk is not a fine but the loss of the leave and its protection. An employee who does not tell the employer the same day or fails to provide the medical certificate in time may have the absence reclassified as an unjustified absence, exposing them to disciplinary action or even dismissal. Conversely, the employer may neither refuse leave that is legally due nor penalise an employee who uses it correctly: during family-reasons leave the employee enjoys protection against dismissal comparable to that of a sick employee. The pay is covered under health insurance rules, with the employer reimbursed. Using this leave for a purpose other than caring for the child, or producing a false certificate, is, however, gross misconduct that can cost the job.
📎 Official sources
- Legilux · Labour Code, articles L.234-51 and following (official journal) →
- Guichet.lu · family-reasons leave for a sick child →
- CNS · family-reasons leave (National Health Fund) →
❓ Frequently asked
How many days of family-reasons leave am I entitled to?
The number of days depends on the child's age: 12 days from 0 to under 4, 18 days from 4 to under 13, and 5 days from 13 to 18 in case of hospitalisation. Combined, this comes to up to 35 days per child, spread across their whole childhood rather than each year.
Is it still 2 days a year as before?
No, the rule of 2 days a year per child was abolished by the 2018 reform. It was replaced by an overall allowance set by age band, valid for the whole period concerned, which completely changes the calculation compared with older information.
Do I have to give my employer a medical certificate?
Yes, you must tell your employer on the first day of absence and give them a medical certificate stating that the child needs your presence. The same certificate must also be sent to the competent health fund within three days, just as for sick leave.
Is this leave paid or taken from my holidays?
Family-reasons leave is paid and treated as a period of incapacity for work, without being deducted from your annual holidays. The pay is covered under health insurance, and the employer is then reimbursed for the advance it makes.
Can my employer refuse it or penalise me?
No, the employer cannot refuse family-reasons leave that is legally due nor penalise an employee who uses it correctly. During this leave the employee is protected against dismissal, provided they have met their duties of notification and certificate.
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