How to take an annual leave
We will tell you when you can go on vacation and how to act to stay within the legal framework of Luxembourg employment law.
Taking annual leave in Luxembourg is not difficult. The process involves following the standard procedures provided by the country's labor laws and the corporate code of a particular employer.
In Luxembourg, paid annual leave is an absolute right for all employees. If you have worked for the same employer for three months in a row, you can take 26 working days off. This rule applies to all employees without exception, regardless of their working hours (full-time or part-time) and type of contract (temporary or permanent).
Special conditions
- Collective agreements or individual agreements between employers and employees may increase the length of annual leave.
- Disabled war veterans, victims of industrial accidents and disabled employees are entitled to 6 working days' leave, but only if they have worked full time throughout the year.
To make sure you get the most out of your vacation, there are a few important things to keep in mind.
Your leave can either be taken all at once, in 26 business days, or in installments. However, if you follow the second scenario and divide your leave into periods, one of them must be at least 2 calendar weeks long (14 consecutive days).
If a non-working holiday falls within an employee's vacation period, it is not included in the number of vacation days and is considered a full day off. Therefore, if a holiday falls on a holiday or other day off, an employee in Luxembourg is entitled to additional paid time off (to be taken within the next three months) for each coinciding holiday.
Employees must use all of their annual leave during the year.
Any unused vacation days during the year will be lost. In some exceptional cases, it is possible to use the previous year's remaining leave in the following year.
For example, an employee may choose to postpone remaining vacation until March 31 of the following year if he or she was unable to use his or her vacation for one of the following reasons:
The following situations are considered to be the three exceptions that allow leave to be scheduled beyond March 31 of the following year:
- The employee was unable to take the leave because of the employer's business needs, or the employer refused to grant the leave for other valid reasons.
- The employee was ill and unable to schedule leave.
- The employer and employee have a special agreement that allows the employee to take leave in the following year.
In Luxembourg, employers are not allowed to dictate vacation dates and employees are free to choose their desired vacation period. However, there are a number of sectors where seasonality is important, such as HORECA, agriculture, horticulture. In such a case, vacation should be arranged taking into account the real needs of the business and the abilities and wishes of other employees.
The employer has the right to change an employee's vacation date only in exceptional cases related to the proper functioning of the enterprise. Setting vacation dates without the employee's consent or forcing the employee to take unpaid leave is strictly prohibited in Luxembourg.
Leave is granted to employees for health and self-care purposes. This means that it is forbidden to perform any paid work during the leave.
An employee cannot refuse leave for any reason, even in exchange for time off.
Annual leave does not protect an employee from being fired.
In other words, an employer has the right to dismiss an employee who is on vacation, subject to Luxembourg law and the employee's notice requirements.
It should be noted that the employer has the right to deny the employee leave in the first place. However, this is only permitted in the case of unscrupulous employees whose absences are unjustified and amount to 10% of the normal working hours for the previous part of the year.
Learn about the annual leave approval process and requirements of the organization you work for.
- Plan your annual leave dates in advance
Consider your workload, seasonality (if applicable), and the workload of other employees when you take leave.
- Notify your employer of your plans
Typically, companies ask all employees to fill out schedules with their planned vacation periods. And before you take leave on that schedule, you'll usually need to fill out a request or send an email to the human resources department, depending on the employer's established procedures.
- Be clear about the dates and number of working days you will be taking
Note that in Luxembourg you can take your leave all at once (26 working days) or in parts, bearing in mind that a part is necessarily 2 calendar weeks.
- Discuss with your manager and other employees how the tasks will be distributed in your absence
Delegate tasks. Prepare instructions and other resources to help those who will temporarily perform your duties.
- Wait for approval from your employer or human resources department
An annual leave request must be approved by company officials.
Once the leave request is approved, you will receive a confirmation from your employer with the approved dates and any additional conditions or requirements related to your leave.
In some companies, employers set collective leave periods, but this is by mutual agreement with the majority of employees. And everyone must be notified of the collective leave period during the first quarter of the year.
During your annual vacation, your colleagues, partners, customers, and anyone else with whom you come in contact should be aware of your absence from the workplace. Tasks should not be left unfinished. Therefore, you need to perform a minimum set of workflow preparations during your vacation.
It is important to note that employees are paid while on vacation. The salary is calculated according to the following principles:
- For each day of vacation, a cash payment equal to the average daily wage for the three months immediately preceding the vacation is paid. If the salary is not fixed and varies significantly from month to month, e.g. depending on the turnover, the compensation for the vacation period is calculated on the basis of the average salary of the last 12 months.
- The average daily salary is calculated as follows: monthly salary (including fringe benefits) divided by 173.
When calculating the amount of salary during the vacation period, the employer must take into account overtime and other compensation. In addition, the employer must keep a record of the vacation days taken and to be taken by each employee.
If, for any reason, you return from leave on a different day than you had planned and the date you return to work differs from the approved leave period you originally requested, you must notify your employer.
When you return to work, verify any missed communications or events during your absence.
Frequently Asked Questions (FAQ)
How many annual leave days are there in Luxembourg
Is it possible to take an entire leave at once in Luxembourg
What happens if you do not take your paid annual leave in Luxembourg
Can an employee in Luxembourg be dismissed while on leave
What is the minimum annual leave in Luxembourg
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