What is individual training leave? (hereafter "training leave")
Educational leave is a special leave of absence designed to enable the beneficiaries:
to participate in courses;
prepare for and participate in examinations;
write dissertations or do any other work related to an approved training course.
A law dated 14 August 2020 added a new opening to training leave: Also eligible for this leave are those preparing for and competing in a national or international championship or competition related to the promotion of vocational training, as well as one accompanying person per candidate.
What conditions must individuals meet to benefit from training leave?
Employees must be employed at a workplace located on Luxembourg territory, be working under an employment contract at an enterprise or association legally established and active in the Grand Duchy and have been working at least six months with their employer at the time of applying for leave.
Self-employed persons and persons working in a liberal profession must have been affiliated to the Luxembourg social security system for at least two years
Eligible training courses are those offered either in the Grand Duchy of Luxembourg or abroad by:
institutions with the status of public or private schools recognised by the public authorities and issuing certificates recognised by the same authorities;
professional chambers;
municipalities;
foundations, natural persons and private associations individually approved for this purpose by the Minister;
government departments, agencies and public institutions;
private continuing vocational training bodies with an authorisation to operate in Luxembourg;
Continuing vocational training bodies legally established in an EU member state or in a country that has ratified a bilateral treaty with Luxembourg on this subject and that have an authorisation in the country of origin;
companies, suppliers of equipment and services that promote technological progress and provide training in relation to that equipment;
providers who have been approved by the Ministry of Health.
Training courses financed or co-financed through other legal provisions, in particular those that are an integral part of a training plan or project, as defined in Articles L. 542-9 and L. 542-11, and those provided for in Article L. 415-10 of the Labour Code, are not eligible.
The training courses may or may not be directly linked with a beneficiary’s profession.
The timing of the training does not affect its eligibility, as courses can take place during or outside working hours.
What steps must the employee take to obtain training leave?
A person concerned must apply to the Vocational Training Department of the Ministry of National Education and Vocational Training 2 months before the start of the proposed leave.
In concrete terms, the person must:
complete the application form for training leave which can be downloaded from www.men.lu ;
have the request submitted by his employer;
send the duly completed form, together with the required documents, to the Department of Vocational Training (Service de la formation professionnelle) at the MENEJ.
The application must contain the following information:
What happens if the employer's rejects the application?
If the employer’s rejects the application for leave, it may be put back if the resulting absence for training is likely to have a major impact on the operation of the business or could disrupt the rest of the staff’s paid annual leave.
If the employee wishes to maintain this request for leave, he or she may send it to the Minister responsible for vocational training. It will be submitted to the advisory committee set up for this purpose, which will issue its opinion on the time limits for postponement.
The maximum duration of the training leave is 80 days for each beneficiary during his professional career. Over a period of two years, the maximum number of days of training leave that can be granted is 20 days.
For employees working part-time, the days of leave per course are calculated proportionally.
The time spent on training leave shall not be charged to annual recreation leave.
How is the number of days of training leave determined?
The total number of days of training leave to which the beneficiary is entitled depends on the number of hours invested in the training. This number of hours is either defined by the training organisation or determined on the basis of the course timetable of the training schools or institutes.
The number of hours invested is converted into the number of working days. Eight hours of training count as one day of work. The quotient thus calculated is divided by three to obtain the number of days of training leave. The result is rounded down to the nearest whole number, if necessary.
Calculation for a 30-hour course:
30 : 8 = 3.75 working days 3.75 : 3 = 1.25 days of training leave (to be rounded down) A 30-hour training session entitles the employee to 1 day of training leave.
Do the legal provisions on social security and employment protection remain applicable?
The duration of the training leave shall be considered as a period of actual work.
During the period of leave, the legal provisions on social security and employment protection shall continue to apply to the beneficiary as if he were still working.
Are employees on training leave paid?
Employees on training leave are entitled to a compensation allowance advanced by the employer for each day of leave, equal to the average daily wage, but not exceeding four times the minimum social wage for unskilled workers (see Social parameters).
Will the employer be reimbursed for the training leave?
The employer is reimbursed the amount of the allowance and the employer’s share of social security contributions by the State. To this end, he must make a declaration of reimbursement, the model for which is defined by the competent minister.
What sanctions does the beneficiary of the training leave when making inaccurate or incomplete declarations?
Compensation amounts paid shall be returned immediately where it has been obtained by means of statements which the beneficiary knew to be incorrect or incomplete. The beneficiary must also pay interest at the legal rate from the day of payment until the day of restitution.
The purpose of the linguistic leave is to enable the persons concerned to take part in Luxembourg language courses, to prepare for the relevant examinations and to sit for them.
Training courses in the Luxembourgish language, taught either in Luxembourg or abroad, are eligible:
by institutions with the status of public or private schools recognised by the public authorities and issuing certificates recognised by those same authorities;
by the professional chambers;
by the municipalities;
by foundations, natural persons and private associations individually approved for this purpose by the Minister responsible for vocational training;
by government departments, agencies and public institutions;
by private continuing vocational training bodies with an authorisation to operate in Luxembourg;
by continuing vocational training bodies legally established in an EU Member State or in a country that has ratified a bilateral treaty with Luxembourg on this subject and that have an authorisation to operate in the country of origin;
companies, suppliers of equipment and services that promote technological progress and provide training in relation to such equipment;
providers who have been approved by the Ministry of Health.
In order to avoid double financing by the State, training planned and co-financed through other legal provisions (in particular training that is an integral part of a training plan or project, training leave for staff representatives) is not eligible.
Training courses must take place during normal working hours.
The total duration of language training leave is a maximum of 200 hours per professional career. It must be divided into two phases of at least 80 hours and at most 120 hours each. Only if you have completed a training course leading to a diploma or other certificate of achievement during the first phase will you be entitled to the second phase.
The leave may be split, with a minimum of half an hour per day.
For employees working part-time, the hours of leave are calculated proportionally.
Applications for language training leave should be sent to the Ministry of Labour and Employment. Employees’ applications for leave must include the decision of their employer.
If the application for training leave is rejected, it may be put back if the resulting absence for training is likely to have a major impact on:
business operations of the company;
the orderly manner in which the rest of the staff’s annual paid leave proceeds.
Who provides the allowance paid during language training leave?
Employees who take language training leave are entitled to compensation for each hour of leave equal to the average hourly wage, but not exceeding four times the hourly minimum social wage for unskilled workers (see Social Parameters).
This compensatory allowance is paid by the employer. The State reimburses the employer 50% of the amount of the allowance and 50% of the employer’s share of the social security contributions on the basis of a declaration via a pre-established form.
The State pays self-employed or liberal professionals a compensatory allowance set at 50% of the reference amount set on the basis of the income used as a basis for pension insurance contributions in the last financial year, which may not exceed four times the minimum social wage for unskilled workers (see Social parameters). The payment is made on the basis of a relevant declaration via a pre-established form.
Do the legal provisions on social security and employment protection remain applicable?
The duration of the training leave shall be treated as a period of actual work. During the period of linguistic training leave, the legal provisions on social security and employment protection shall continue to apply to the beneficiary.
Employees wishing to undergo long-term training may obtain unpaid leave for this purpose. After the training, they can return to their company without losing any acquired rights.
Unpaid leave thus allows beneficiaries to temporarily abandon their professional commitments in order to follow a professional training course for a set period of time.
Eligible courses are those offered both in Luxembourg and abroad by:
institutions with the status of public or private school (high school, university, institute of higher education) recognised by the public authorities and issuing certificates recognised by these same authorities;
continuing vocational training bodies legally established in an EU member state or in a country that has ratified a bilateral treaty with Luxembourg on this subject and that have an authorisation to operate in the country of origin.
Also eligible are courses organised in Luxembourg by:
professional chambers;
municipalities;
foundations, natural persons and private associations individually approved for this purpose by the Minister responsible for vocational training;
government departments, agencies and public institutions;
private continuing vocational training organisations with an authorisation to operate in country;
companies, suppliers of equipment and services that promote technological progress and provide training in relation to such equipment;
providers who have been approved by the Ministry of Health.
What is the notice period for the applicant for unpaid leave?
The applicant for leave must give two months’ notice for leave of less than three months. This notification period is four months for leave of three months or more.
The application may be refused by the employer if the applicant is a senior manager or if the company regularly employs fewer than 15 people.
It should be noted that the law defines senior managers as employees who receive significantly higher remuneration than employees covered by collective agreements or otherwise, taking into account the time required to perform their duties, if this remuneration is the counterpart of the exercise of genuine and effective management power or whose duties involve well-defined authority, a large degree of independence in the organisation of work and a large degree of freedom in terms of working hours and, in particular, the absence of constraints on working hours.
Can the start of the leave be postponed by the employer?
In certain situations, the employer may postpone the requested leave for a period not exceeding one year when the leave requested is less than or equal to three months. The postponement may not exceed two years when the requested leave exceeds three months.
Such postponement can be done:
when a significant proportion of the employees in a department would be absent during the period of leave requested for an extended period and the organisation of work would be seriously disrupted as a result;
where the replacement of the person requesting the leave cannot be arranged during the notice period because of the specific nature of the work performed by the applicant or because of a shortage of labour in the branch or occupation concerned;
when the work is seasonal in nature and the application is for training during the high season.
What can an employer do when dealing with multiple requests?
Should several requests for unpaid leave be submitted per department or per company and when their multiple nature means that all the requests cannot be granted simultaneously for reasons that are the basis for the employer deciding to postpone such leave, priority will be given, where no agreement is reached between the employees concerned, to the request from the employee with the greatest seniority with the company.
The employer’s approval of a request constitutes an agreement that is irrevocable for both the employee and the employer.
However, if an event of force majeure occurs, the employer’s approval or the employee’s commitment may be withdrawn, unless the employer has undertaken to hire a fixed-term worker. If approval is withdrawn by the employer, the employer shall compensate the employee for training costs incurred to date that cannot be recovered.
After the start of the leave, termination of the leave by the employee is in any case only possible with the consent of the employer.
How does an employee's illness affect unpaid leave?
Illness during unpaid leave does not entitle the employee to carry over the remaining authorized period of unpaid leave. In the event of illness extending over a period of more than 25% of the duration of the leave or in the event of force majeure which would make it impossible to fully or partially participate in the training for which the leave was requested, an employee may request the termination of the leave.
The employer shall grant this request unless there are compelling reasons of work organization that make it impossible to reinstate the employee before the end of the period of leave that was requested and granted.
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 is neutralised for determining seniority-linked rights with the retention of the seniority acquired before the start of the leave, unless otherwise provided for by law or by agreement.
During the period of leave, the employer is obliged to keep the job of the employee on leave, who, on his return, shall recover all the benefits acquired before the start of the leave or, if this is not possible, a similar job corresponding to his qualifications and with at least equivalent remuneration and the same acquired benefits.