It allows the employee to temporarily withdraw from his/her professional commitments to participate in continuing training for a certain period.
Who can benefit from unpaid leave?
Employees working in the private sector and having at least 2 years’ seniority with their employer, irrespective of the type of employment contract binding them to the company, may request unpaid leave for training.
What is the duration of unpaid leave?
The maximum duration of unpaid leave for training is 6 consecutive months.
The minimum duration of leave is 4 consecutive calendar weeks.
The cumulative duration of unpaid leave per employee is set at a maximum of 2 years per employer.
The duration of the leave is always expressed in whole weeks or months and must be proportional to the training in question.
Which training courses are eligible?
Training courses are eligible if they are offered in Luxembourg or abroad by:
institutions having the status of public or private schools (high school, university, higher education institute) recognised by the public authorities and issuing certificates recognised by the same authorities;
continuing vocational training organisations legally established in an EU Member State or in a country that has ratified a bilateral treaty with Luxembourg on this subject and hold a business permit in the country of origin.
Also eligible are training courses organised in Luxembourg by:
professional chambers;
municipalities;
foundations, natural persons and private associations individually approved for this purpose by the Minister having Vocational Training in his attributions;
ministries, administrations and public institutions;
continuing training organisations with a business permit;
businesses who provide equipment and services promoting technological progress and training in relation to such equipment;
providers who have been approved by the Ministry of Health.
What is the procedure for requesting unpaid leave?
The request for unpaid leave for training purposes must be made by registered letter with acknowledgement of receipt or by hand-delivered letter with acknowledgement of receipt.
The request must contain an indication of the type of training, the duration of the training, the training organisation and the period(s) of leave requested, as well as a statement that failure by the employer to reply within 30 days constitutes acceptance of the request.
Is there a period of notice to be respected by the leave applicant?
There is a period of notice of:
2 months for a leave of less than 3 months,
4 months for a leave of 3 months, or more.
Is there a deadline for the employer’s response?
The employer’s response must be in writing with acknowledgement of receipt within 30 days. Failure to reply is deemed as acceptance of the first period requested, in the event of several periods of leave requested.
Can the application be refused by the employer?
The application may be refused by the employer if the applicant is a senior manager or if the company regularly employs less than 15 employees.
Can the leave be postponed by the employer?
The employer may postpone the requested leave within a period not exceeding 1 year, when the duration of the requested leave is less than or equal to 3 months.
The postponement may not exceed 2 years, for a requested leave exceeding 3 months.
A postponement can take place:
if a significant proportion of the employees of a department are likely to be absent for an extended period during the period of leave requested and if as a result the organisation of work would be seriously disrupted;
if the replacement of the person requesting the leave cannot be arranged during the period of notice due to the specific nature of the work performed by the applicant or a shortage of labour in the branch/occupation concerned;
if the work is seasonal and the demand is for a period that is in a seasonal period.
What can the employer do when he is faced with multiple requests?
In the event of multiple requests for unpaid leave in a department or a company and where this plurality means that not all requests can be granted simultaneously for the reasons allowing the employer to postpone the leave, priority will be given, in the absence of an agreement between the employees concerned, to the request made by the employee with the greatest seniority within the company.
Can unpaid leave be interrupted?
The employer’s compliance with the request concludes an agreement that is irrevocable for both the employee and the employer.
The withdrawal of the employer’s acquiescence or the employee’s commitment may nevertheless be made in the event of force majeure, unless a commitment concerning the hiring of a worker on a fixed-term contract has been made by the employer.
If the employer withdraws the acquiescence, he/she is required to compensate the employee for the costs already incurred for the training and not recoverable.
After the start of the leave, the termination of the leave by the employee is in any case only possible with the employer’s consent.
What is the impact of the employee’s illness on unpaid leave?
Falling ill during the unpaid leave does not entitle the employee to a deferral of the remaining authorised period of unpaid leave.
In the event of illness extending over a period of more than 25% of the duration of the leave or force majeure which would make it impossible, in whole or in part, to participate in the training for which the leave was requested, the employee may request that the leave be terminated.
The employer shall comply with this request, unless compelling reasons of work organisation do not allow the employee to be reinstated before the end of the period of leave requested and granted.
Does the employee have to provide material proof of participation in training?
At the employer’s request, the employee must produce a certificate of participation in the training for which he/she has been granted unpaid leave.
What is the effect of unpaid leave on the employee’s employment contract?
During the period of unpaid leave for training, the employment contract is suspended. The duration of the leave shall be neutralised for the determination of seniority rights with retention of seniority acquired before the beginning of the leave, unless otherwise provided by law or agreement.
During the period of leave, the employer is required to hold the employee’s position, who on his/her return shall recover all the benefits acquired before the leave or, if this is not possible, a similar job corresponding to his/her qualifications and accompanied by at least equivalent remuneration and the same benefits acquired.
Is the employee covered by social security schemes during unpaid leave?
It is the employee’s responsibility to register with the Joint Social Security Centre (Centre commun de la sécurité sociale – CCSS) for health insurance and pension insurance, where applicable, for the duration of the unpaid leave. The employer is required to inform the employee about this.