State covers paternity leave for independents

The ministers during a joint press conference first presented a project on improving parental leave. Like all employees in the grand duchy, self-employed workers should now be able to claim a ten-day paid leave, according to a new law proposal. This, said Engel during the conference, allows partners to create a bond with their child immediately, and improve equal opportunities for all active workers in the country.

These changes adapt on a national level requirements set by the EU directive 2019/1158, which aims to encourage a better balance of responsibility between partners.

The state will pay for 8 of these paternity leave days, as it does with workers employed in a company. Independent workers will pay for the remaining two days and have to take the time off within two months of the child’s birth.

Same-sex partners will also benefit from this law--if it is voted in. Currently, they can only affiliate their child through adoption, Engel stated, though “a draft law is currently in the works.” Same sex parents are included in the new draft law so that, when the law on parental rights change, they will have access to the leave immediately. However, the minister noted, only married couples would have access to the benefit.

Fathers will also have to introduce their request two months before the birth of the child--a rule that falls away if the child is born prematurely.

While employers can still refuse a parental leave at a given time, they will now have to do so in writing. Previously, employers only had to have a verbal discussion and agreement with the parent requesting a parental leave.

“We want parents to be equal”

The EU directive also asked member states to adopt a carer’s leave, as well as flexible working arrangements for parents of children under 8 years old, and all carers.

“We want parents to be equal. We don’t want people to choose between working and having children,” Cahen said during the press conference.

As a solution, employees in Luxembourg will--once the draft law has been voted in--be able to take five days of paid leave a year to either help a family member (parents, siblings and children), or a member of their household. The only prerequisite for carers, aside from being employed at their workplace for twelve months prior to the request, is a letter by a doctor.

Workers will also be granted an additional day for emergency situations--like accidents or illnesses in their family. Here again, a doctor has to confirm the emergency. “These are days that you hope to not take,” says Cahen, “but that are there if you need it.”

Draft laws protect employees

In line with the EU directive, parents or carers of children under 9 years old will be able to request flexible work hours from their employers. The labour and family ministries discussed this with social partners before presenting the measure, Engel reassures.

Should the draft law be adopted, parents will be able to discuss their work schedule with their higher-ups, so long as they have been employed there for more than six months.

Employees are protected by these draft laws too as employers are not allowed to fire them for requesting time off, be it for a carer’s or emergency leave. The same applies to parents requesting flexible work hours.

Should an employer still infringe this law, they will be fined, according to Engel.