Training leave is a special leave intended to enable beneficiaries:
to participate in courses;
to prepare for and participate in exams;
to write reports;
to carry out any other work related to eligible training.
Who can benefit from training leave ?
The following individuals may benefit from training leave:
salaried employees;
self-employed workers;
persons exercising a liberal profession;
apprentices preparing for/participating in a professional skills competition, as well as one accompanying person per candidate.
What conditions must be met to benefit from training leave ?
Employees must normally be employed at a place of work located in Luxembourg, be bound by an employment contract to a company or association legally established and active in the Grand Duchy and have at least 6 months’ seniority with their employer at the time of the leave request.
Self-employed workers and persons exercising a liberal profession must have been affiliated with Luxembourg social security for at least 2 years.
Which training courses are eligible for training leave ?
Training courses in Luxembourg or abroad are eligible if they are offered by:
institutions having 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;
ministries, administrations and public institutions;
private continuing training organisations with a business permit in Luxembourg;
continuing 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;
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.
Training financed or co-financed under other statutory provisions is not eligible, in particular training forming an integral part of a training plan or project as defined in Articles L. 542-9 and L. 542-11 of the Labour Code, and training referred to in Article L. 415-10 of that Code.
The training may or may not be directly related to the profession.
The training schedule has no influence on eligibility, as courses can take place during or outside working hours.
What is the procedure to request training leave ?
The person concerned must submit a request using the pre-established form to the Minister responsible for Vocational Training two months before the start of the leave requested.
The application form for individual training leave for employees is available at Guichet.lu.
For salaried employees, the request must include the employer’s opinion.
What happens if the employer gives a negative opinion ?
In the event of a negative opinion from the employer, leave may be deferred once by the employer if the absence resulting from the requested leave is likely to have a major adverse effect on the operation of the company or the smooth running of the paid annual leave of personnel.
If the applicant wishes to maintain his/her request for leave, he/she may send it to the Minister responsible for Vocational Training. It will be submitted to the advisory commission set up for this purpose, which will give its opinion on the deadlines for postponement.
What is the duration of training leave ?
The maximum duration of training leave is 80 days for each beneficiary during his/her professional career.
Over a period of 2 years, the maximum number of days of training leave is 20 days. The training leave can be split, but its minimum duration is 1 day. For part-time employees, training leave days are calculated on a pro rata basis.
The duration of training leave cannot be deducted from annual leave.
How is the number of days of training leave determined ?
The number of days of training leave to which the beneficiary is entitled depends on the number of hours invested in training. The number of hours is either defined by the training organisation or determined based on the course timetables of the training schools and institutes.
The number of hours invested in training is converted into working days by dividing it by eight.
The result is divided by three to obtain the number of days of training leave. The result shall be rounded down to the nearest unit, if any.
Example for a 30-hour training course:
30 : 8 = 3,75 working days
3,75 : 3 = 1,25 days of training leave (to be rounded down)
A 30-hour training course entitles the beneficiary to 1 day of training leave.
Do the legal provisions on social security and employment protection remain applicable ?
The duration of the training leave is considered as a period of actual work. During the period of leave, the legal provisions relating to social security and employment protection shall remain applicable to the beneficiary.
Are employees on training leave paid ?
Employees on training leave are entitled, for each day of leave, to a compensatory allowance, advanced by the employer, equal to the average daily wage, up to a maximum of four times the unskilled social minimum wage (see Social parameters).
Is the employer entitled to a reimbursement?
The employer is reimbursed the amount of the allowance and the employer’s share of social security contributions by the State. For this purpose, he/she must file a statement of reimbursement, the model of which is defined by the competent minister.
Are self-employed persons or persons exercising a liberal profession entitled to a compensatory allowance ?
Yes, they benefit from a compensatory allowance paid directly by the State. It is fixed based on the income used in the last tax year as the basis for pension insurance contributions, with a maximum amount of four times the unskilled social minimum wage (see Social parameters).
What sanctions are possible in the event of inaccurate or incomplete declarations?
The compensatory allowances received shall be returned immediately if they have 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.
Who to contact?
Ministère de l’Éducation nationale, de l’Enfance et de la Jeunesse
Service de la Formation professionnelle – congé individuel de formation
29, rue Aldringen
L-2926 Luxembourg