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Luxembourg - Maternity protection - 2011


LAST UPDATE

28 November 2011.

SOURCES


Name of Act

Act on Adoption Leave in the Private Sector, dated 14 March 1988, Official Journal, Part A, 1988-03-30, No. 12, pp. 127-128, modified up to Act of 26. May 2008

Name of Act

Social Security Code of 13 May 2008, applicable since 1 January 2009, as amended up to Act of 26 July 2010

Name of Act

Act of 31 July 2006 to Establish a Labour Code as amended up to Act of 2 June of 2011.

Name of Act

Act Regarding the Implementation of the National Action For Employment 1998 Including the Act Establishing Parental Leave and Leave for Family Reasons, dated 12 February 1999, Offical Journal Part A, 1999-02-23, No. 13, pp. 190-218

Name of Act

Act Regarding Equal Treatment of Women and Men of 13 May 2008, Official Journal Part A, No. 70 of 26 May 2008

Name of Act

Amendment Act to the Act Establishing Parental Leave and a Leave for Family Reasons, dated 21 November 2002, Offical Jounal Part A No. 135 of 10 December 2002, p. 3097

Name of Act

Act of 22 December 2006 Regarding the Amendment of the Parental Leave Act of 12 February 1999, Offical Journal Part A, No. 242 of 29 December 2006, p. 4837

Name of Act

Ministry of Labour and Employment

Name of Act

Other source used

Home Page of the Familiy Insurance in Luxemburg

Other source used

Other source used

National Fund of Family Allowances
Caisse Nationale des prestaciones familiales

Other source used

MATERNITY LEAVE


Scope

All women bound by a contract of employment or apprentice contract.
Labour Code § L331-1

Qualifying conditions

Pregnant workers shall notify employers about their pregnancy by a medical certificate send it through certified mail, this medical certificate shall indicate the probable date of confinement.
Labour Code § L331-2

Duration


Compulsory leave

Women shall not work during the 8 weeks preceding the expected date of birth and the 8 weeks after birth. In case of premature birth, the part of prenatal leave that has not been taken shall be added to the postnatal leave. If the birth occurs after the expected date, the compulsory prenatal leave shall be extended until the date of birth without any reduction of the postnatal leave.
Labour Code §§ L332-1, L332-2

General total duration

16 weeks.
Labour Code § L332-1, L332-2
Historical data (year indicates year of data collection)
  • 2004: Sixteen weeks
  • 1998: Sixteen weeks
  • 1994: Sixteen weeks

Extension

Maternity postnatal leave shall be extended to 12 weeks in the event of premature birth, multiple birth, or breastfeeding.
Labour Code § L332-2

Leave in case of illness or complications

It is not expressly provided an extension of maternity leave in case of illness or complications arisen out from confinement.
Labour Code

RELATED TYPES OF LEAVE


Parental leave

Is instituted a special leave known as "parental leave" granted for the birth or adoption of a child or children for whom child benefit is/are paid and who meet in respect of the person who claims the parental leave as provided in Article 2, paragraphs 2 and 3 of the amended law of 19 June 1985 on family allowances and establishing the National Fund of family benefits, as these children have not attained the age five years of age
Labour Code L234.43-L234-49.
Act Establishing Parental Leave

Scope

All employees with a legal domicile in Luxemburg who have worked for 12 months prior to birth.
Second Amendment Act of the Parental Leave Act § II
Labour Code § 234-43

Qualifying conditions

Are entitled to parental leave all persons who: a) raise one or more children less than 5 years of age, for which family allowances are paid and which are part of the same family group (children issued from the same parents, adopted children, foster children, children issued from the spouse, grandchildren if they are orphans or if their parents are legally unable to have their custody). b) have as their main activity the education of the mentioned children, and do not exercise any professional activity throughout parental leave or exercise a reduced professional activity on part-time basis. c) have their continuous domicile and residence in Luxembourg or are covered by the scope of European regulations. d) have been legally occupied and in a continuous way in a job located in Luxembourg at the moment of the birth or the introduction of the legal procedure for the adoption of the child, either as a self employed, or for at least one year preceding the beginning of the parental leave, at the same undertaking legally established in Luxembourg, with a contract of employment or apprentice contract which fulfill the conditions established in the law. During this one-year period preceding the beginning of the parental leave, the employee may change employment if it is justified for economic necessities e) are either insured to under the pension scheme as stipulated in the Social Insurance Code for at least 12 months inmediately prior to the beginning of parental leave, either civil servants or employees of the State, for at least 12 months inmediately prior to the beginning of parental leave.

Once maternity or adoption leave ends, one of the parents shall take parental leave, otherwise he/she will lose his/her right to this part of leave (this right is not transferable). In adition, the parent who will not exercise the paternal leave is entitled to a 3 month non-paid leave.The other parent can take parental leave until the child is 5 years of age. If both parents request their parental leave at the same time, priority is given to the parent whose last name is first in alphabetical order. If the parent is employee he/she shall notify in advance the employer of his/her intention to take parental leave.
Second Amendment Act of the Parental Leave Act § II
Labour Code § L234-43

Length

Each parent, who fulfills the qualifying conditions above mentioned, is entitled at his/her request to parental leave of 6 months per child. With the agreement of the employer, the employee can take a part-time parental leave of 12 months. In this case, the professional activity of the worker shall be reduced to at least half of his/her normal working time.

Parental leave shall be taken in one continuous period. Both parents cannot take full-time parental leave at the same time, but they are allowed to do it if they take it on part-time basis.
Second Amendment Act of the Parental Leave Act § II
Labour Code § L234-44

Paternity leave

It is not expressly provided a right such as paternity leave, nevertheless, please read provisions on parental leave which may also be taken by fathers.
Labour Code

Adoption leave


Scope

A woman working in the private sector who adopts a child who has not yet entered primary school, or a male worker with the consent of the woman worker.
Act on Adoption Leave § 1

Qualifying conditions

The adoptive parent shall produce a certificate from the tribunal stating that the procedure of adoption has been instituted.
Act on Adoption Leave § 1

Length

8 weeks which are increased to 12 in the event of multiple adoption.
Act on Adoption Leave § 1

RIGHT TO PART-TIME WORK


General provisions

Neither pregnant workers nor nursing mothers are expressly entitled with the right to apply for part-time working hours. Nevertheless, it has been established a right in the head of those employees that have manifested their intention to work part-time or to return to work full-time to be informed in advance or with priority about the availability of these positions.
Labour Code § L123-1

Change of part-time work arrangement

The worker who would like to work part time has to be informed about possibilities to work part time in the company.
Labour Code § L123-3

CASH BENEFITS


Maternity leave benefits

There have been established several cash benefits for pregnant women such as the pre-natal allowance, the post natal allowance and the maternity cash benefit as income replacement for women who stops working after confinement.
Maternity allowance is an allowance paid to pregnant women who have no paid employment or self. It should not be confused with maternity leave and maternity allowance paid in this case.

A pregnant woman who has a job, but pay lower than the maternity allowance, is entitled to the difference between the maternity allowance and maternity allowance (the equivalent of his salary).

The qualifying conditions and details you will find below are referred exclusively to the maternity cash benefit as income replacement for pregnant female workers.
Social Security Code

Scope

All women who are compulsory insured for at least 6 months during the year prior to maternity leave.

Are compulsory insured:
*Persons in employment relationships in the Grand Duchy of Luxembourg;
*Apprentices benefit the Grand Duchy of Luxembourg;
*Seafarers employed on board a ship flying the flag of Luxembourg and who either have Luxembourg nationality or that of a country with which
Luxembourg is bound by a bilateral or multilateral instrument of social security or resident in the Grand Duchy of Luxembourg;
* Persons engaged in the Grand Duchy of Luxembourg for themselves in a professional activity in the national chamber of trade, chamber
trade or chamber of agriculture or a job with is primarily intellectual, non-commercial.

Are similar to these people:
- The partners of general partnerships, limited partnerships or simple
limited liability companies for the purpose of such activity if holding
more than twenty-five percent of the shares,
- The directors, partners or agents of corporations, of companies limited by shares or cooperative societies for the purpose such activities that are delegated to the daily management, provided that the people upon which the permission establishment issued pursuant to the amended law of December 28, 1988 regulating access to the professions of craftsman, trader, industrialist and certain professions;
- The spouse or partner
- Members of religious organizations and individuals that can be assimilated, engaged in the Grand Duchy of Luxembourg on business in the interest of patients and general utility;
- Persons covered by the Act of 6 January 1996 on development cooperation L. 07/25/05, I, 4 as well as those covered by the Act of 27 July 1992 on the participation of Grand Duchy of Luxembourg in operations to maintain peace in the framework of international organizations;
- Recipients of a personal pension or a survivor’s pension under this Code or the laws and regulations, if they live in the Grand Duchy of Luxembourg;

Voluntary insured:

* A person aged eighteen years or over, resident in the Grand Duchy of Luxembourg and who ceases to be compulsory insured as family member after having enjoyed a continued period of affiliation for at least six months immediately preceding the loss of this capacity may request continue his insurance.
* People living in the Grand Duchy of Luxembourg who can not benefit from compulsory insurance.

Entitlement to benefits is opened only after a minimum period of contribution of three months from the filing of the affiliation.
Social Security Code §1,2,25

Qualifying conditions

Employees are entitled to maternity cash benefit if they have paid contributions for a minimum period of six months during the year preceding the maternity leave.

They are also entitled to receive pregnancy-benefits for loss of income resulting from the transfer of a job at night to a position working days in accordance with Article L. 333-3 of the Code of work

The insured self-employed(pregnant and lactating) as well as unemployed, are entitled to financial compensation of pregnancy during the period mentioned in paragraph 1, sub a), provided they have been affiliated for at least six months during the year preceding the start of the period.

Social Security Code §25

Duration

16 weeks.
8 before and 8 after confinement.
Social Security Code

Amount

Cash maternity benefits are identical to cash medical benefits. Employees receive 100% of their earnings calculated on the wage the employee earned before maternity leave.

They cannot be less than the minimum wage. The minimum amount is 194,02 per week and 1.552,16 per month.

They are payable during the whole duration of prenatal and postnatal leave, as well as during leave when it is not possible to transfer the worker to day work, when there is a risk for her health or safety or when work can be dangerous.
Social Security Code §§ 25, 295, 296
§ 31
Home Page Family Insurance
Historical data (year indicates year of data collection)
  • 2009: Cash maternity benefits are identical to cash medical benefits. Employees receive 100% of their earnings calculated on the wage the employee earned before maternity leave. They cannot be less than the minimum wage. The minimum amount is 194,02 € per week and 1.552,16€ per month. They are payable during the whole duration of prenatal and postnatal leave, as well as during leave when it is not possible to transfer the worker to day work, when there is a risk for her health or safety or when work can be dangerous.
  • 2004: One hundred percent
  • 1998: One hundred percent (up to a ceiling)
  • 1994: One hundred percent

Financing of benefits

The social security finances the maternity benefits.
Social Security is financed through contributions made by employees, employers and the State according to further regulations.
Social Security Code §§ 28,41
National Fund of Family Allowances
Caisse Nationale des prestaciones familiales
Historical data (year indicates year of data collection)
  • 2009: The social security finances the maternity benefits.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits


Scope

Every employee with a legal residence in Luxemburg who has at least worked for one year prior to the birth.
Second Amendment Act of the Parental Leave Act § 6
Labour Code § L234-43
Social Security Code § 306

Qualifying conditions

The parent who intends to get cash benefits shall present a written request to the Family Allowances Fund. If the parent is an employee, the request shall be certified by the employer.
Amendment of Act Establishing Parental Leave § 11
Second Amendment Act of the Parental Leave Act § 2
Social Security Code § 307

Duration

Cash benefits are paid during the whole duration of parental leave(each parent, who fulfills the qualifying conditions above mentioned, is entitled at his/her request to parental leave of 6 months per child. With the agreement of the employer, the employee can take a part-time parental leave of 12 months. In this case, the professional activity of the worker shall be reduced to at least half of his/her normal working time).
Social Security Code §306
Labour Code L234-44

Amount

1.778,31 Euro per month for full time workers
889,15 Euro per month for part-time workers.

Cash benefits are paid at a monthly flat rate during the whole duration of parental leave.
Amendment of Act Establishing Parental Leave § 11
National Fund of Family Allowances
Caisse Nationale des prestaciones familiales

Financing of benefits

A charge of participation in the employment fund and an endowment of the budget of the state.
The involvement of the Employment Fund is the product of the increase in the social contribution levied on fuel under the budget law.
The allocation from the budget of the state corresponds to expenditure remaining to be borne by the Fund under the parental leave allowance after deducting the participation of employment fund.
Social Security Code § 328

Paternity leave benefits

Not provided.
Social Security Code

Adoption leave benefits


Scope

Employees who are compulsory insured for at least 6 months during the year prior to adoption leave.
Social Security Code § 25

Qualifying conditions

To be entitled to cash benefits, workers shall be insured for at least 6 months during the year prior to adoption leave.
Social Security Code § 25

Duration

It is paid for 8 weeks and any extensions thereof.
Social Security Code

Amount

The same amount as for maternity cash benefits
Second Amendment Act of the Parental Leave Act §§ 1, 2, 3

Financing of benefits

The social security finances the maternity benefits.
Social Security is financed through contributions made by employees, employers and the State according to further regulations.
Social Security Code §§ 25, 28, 40,41

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Insured persons are entitled to medical assistance, hospitalisation, assistance of a mid-wife for childbirth, medicines and food for newborn babies.
Social Security Code § 26

Financing of benefits

The financing of the health system is provided on the one hand, by social security contributions levied on wages of employees and the contributions paid by employers and partly by a contribution from the state. Contributions from employers and employees account for about half of revenues. The state contribution is mainly based on general tax revenues.
Code of Health Art. 19
Section Preventive Medicine - Pregnant women and young children. Art. 19
Section Preventive Medicine - Pregnant women and young children.

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman is entitled to two 45-minute nursing breaks (one in the morning and one in the afternoon). If during the working day there is only one break of one hour, the two periods can be merged in one 90-minute break. The same provision is applicable in the event of impossibility of the woman of nursing her child in the vicinity of her workplace.
Labour Code L336-3

Remuneration of nursing breaks

The time of breastfeeding is counted as working hours and women are entitled to the normal wages.
Labour Code L336-3

Transfer to another post

If the adaptation of the working conditions or working time is not possible or cannot be required by justified reasons, the employer shall transfer the worker to another job, maintaining her previous wages.
Labour Code L334-3, L334-4

Nursing facilities

Not provided.
Labour Code

HEALTH PROTECTION


Arrangement of working time


Night work

Pregnant women or breastfeeding mothers until their child is one year of age, shall not work between 22.00 and 06.00 if, upon a medical certificate, night work would be harmful for their health or safety. In this case, the employer shall transfer the worker to day work, with the same remuneration and during the whole period of protection of her health and safety, certified by the doctor. If the transfer is not possible, the employer shall release the woman from work.
Labour Code §§ L333-1, L333-2, L333-3, L333-4

Overtime

Pregnant workers and breastfeeding mothers shall not be obliged to work overtime.
Labour Code § L336-1

Work on rest days

It is not prohibited neither for pregnant workers nor for nursing mothers.
Labour Code

Time off for medical examinations

Pregnant workers are entitled to time off, without loss of remuneration, to undergo prenatal medical examinations when they shall take place during working hours.
Labour Code § L336-2

Leave in case of sickness of the child

Without prejudice of the application of more favorable benefits accorded to employees in collective agreements, it is instituted a leave for family reasons.
Employees in charge of a child under 15 years of age shall enjoy a leave in case of serious illness, accident or another imperative reason related to the health of their child and demanding the presence of one of the parents.

The extent of leave is up to two days consecutive or not a year, and up to four days a year for a parent of a child with serious disability.

In cases of exceptional gravity and previous authorization of the Medical Control of the Social Security, parents of child/children with a extremely serious illness or disability may take a leave for up to 52 weeks during a period of reference of 104 weeks. (This right will be developed by a further regulation).
Labour Code L234.50-L234.55.

Dangerous or unhealthy work


Risk assessment

For any activity likely to present a specific risk of exposure of pregnant women or nursing mothers to the agents, processes or working conditions whose list appears in Appendix I (such as ionising radiations, mercury and noise), the employer is held to determine the nature, degree and duration of the exposure in order to: - assess any risk for the safety or the health of the pregnant women or nursing mother as well as any effect on the pregnancy or breastfeeding; - to determine the measures to be taken.
Labour Code § L334-2 and Appendix I

» Adaptation of conditions of work

If the results of the risk assessment reveal a risk to pregnant workers or breastfeeding mothers or any negative effect on pregnancy or breastfeeding, the employer shall take the necessary measures to avoid the risk, by adapting the working conditions or working time of these workers during the whole period this is considered appropriate by the doctor.
Labour Code § L334-3

» Transfer to another post

If the adaptation of the working conditions or working time is not possible or cannot be required by justified reasons, the employer shall transfer the worker to another job, maintaining her previous wages.
Labour Code § L334-3

» Paid/unpaid leave

If the transfer to another job is not possible or cannot be required by justified reasons, the employer shall release the woman from work. She is entitled to receive cash benefits during this period from the social security scheme.
Labour Code §§ L334-3, L334-4

» Right to return

Not expressly provided.
Labour Code

Particular risks

In order to determine the necessary measures to be adopted in order to guarantee safety and health of pregnant workers and nursing mothers, employers have the duty to assess risks, when these workers perform work related to the following activities:

Physical agents where these are regarded as agents causing fetal harm or risk cause detachment of the placenta, including:
a) lifting or hazardous transport particularly able to cause back injuries that can not be avoided or reduced under the regulations concerning the minimum safety and health for handling of loads where there is a risk particularly of back injury to employees, including charges weighing more than five pounds;
b) from the fifth month of pregnancy, the work requires standing, unless it is permitted to use a seat for short periods of rest;
c) work whose execution requires frequent movement of bending or squatting or leaning constant;
d) the handling of tools or equipment requiring service to a large extent the use of the feet;
e) the conduct of means of transport and handling of tools that can lead to shock or vibration;
f) all work-related activities, which expose them to increased risks of accidents, particularly to foreign falling or slipping;
g) the piecework or on any other system to obtain higher wages in return for accelerating rhythm and work to make the chain at a rate prescribed;
h) mental and physical fatigue and other physical burdens connected with the activity of the working woman;
i) noise;
j) non-ionizing or ionizing radiation;
k) extremely low or high temperatures;
l) dust nuisances.

2. Biological agents:
Biological agents defined in the regulations concerning the protection of employees against risks related to exposure to biological agents at work, since it is known that these agents or the therapeutic measures
required by these endanger the health of pregnant women and the unborn child and provided they are not yet included in Annex 2.

3. Chemicals:
The following chemical agents insofar as they are regarded as agents endangering the health of pregnant women and the unborn child and provided that they are not listed in Schedule 2:
a) substances labeled R40, R45, R46 and R47 in the Act of June 15, 1994 concerning the classification, packaging and labeling of dangerous substances provided they are not listed in Annex 2;
b) chemical agents determined by the regulations concerning the protection of employees against the risks exposure to carcinogens;
c) mercury and its derivatives;
d) antimitotic drugs;
e) carbon monoxide;
f) chemical agents dangerous percutaneous absorption.

B. Processes
Work involving the pregnant and lactating women in contact with industrial processes determined by the regulations
concerning the protection of employees against risks related to exposure to carcinogens.
Labour Code §L.334-2 and annex I.

» Work involving exposure to biological, chemical or physical agents

Pregnant workers shall not be obliged to work in activities that present a risk of exposure to physical agents and to biological agents such as toxoplasma or rubella virus. Pregnant workers and nursing mothers shall not be obliged to work in activities that present a risk of exposure to chemical agents such as lead and its derivatives. If the activities normally exercised by the pregnant worker or breastfeeding mother present such risks, the employer is held to transfer the worker to another job keeping her previous wages. In the case this is not possible or cannot be required by justified reasons, the employer shall release the employee from work (she is entitled to receive cash benefits during this period from the social security scheme).
Labour Code § L334-4 and Annex II

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Pregnant workers and nursing mothers shall not be obliged to work in underground mines. If the activities normally exercised by the pregnant worker or breastfeeding mother present such risk, the employer is held to transfer the worker to another job keeping her previous wages. In the case this is not possible or cannot be required by justified reasons, the employer shall release the employee from work (she is entitled to receive cash benefits during this period from the social security scheme).
Labour Code § L334-4 and Appendix II

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The principle of equal treatment for men and women applies, inter alia, to their access to employment, promotion and working conditions. It implies the absence of direct or indirect discrimination based on sex.
Labour Code §§ L251-1, L252-1
Act Regarding Equal Treatment of Women and Men § 1

Prohibition of pregnancy testing

It is not expressly prohibited.
Labour Code
Act Regarding Equal Treatment of Women and Men

Protection from discriminatory dismissal

Dismissal with notice is prohibited during pregnancy (as established by a medical certificate), during a period of 12 weeks after birth or during parental leave. These rules have no effect on the expiry of fixed-term contracts of employment . Dismissal of a pregnant woman is also prohibited during the probation period.
Labour Code L337-1,L337-2,L337-3

Burden of proof

If any person considers to be affected by the non-observance of the principle of equal treatment and presents before any competent authority any facts which suppose the existence of any direct or indirect sex discrimination, the burden of proof that there has been no contravention of the principle of equal treatment shall lie on the respondent. These rules are applicable to any litigation within the framework of a civil or administrative procedure of the public and private sectors having for object the access to employment, remuneration, the possibilities of promotion and vocational training, the access to an independent profession, the working conditions as well as the social security professional systems.
Labour Code §§ L253-2, L253-4
Act Regarding Equal Treatment of Women and Men §§ 4, 5

Guaranteed right to return to work

When the employee is on maternity leave or parental leave, the employer shall keep the worker’s post or if this is not possible, a post according to her qualifications and with an equivalent remuneration.
Labour Code § L332-3

Results generated on: 19th September 2014 at 03:47:42.
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