People in Luxembourg need bereavement leave

In January 2023, Laetitia Sutil lost her daughter Gaïa, whose heart stopped on her due date. Eight months later, she suffered a miscarriage at 15 weeks’ gestation, losing her son Gianni. These tragedies have highlighted significant gaps in Luxembourg’s legislation. 

At present, the law provides for special leave following the loss of a child only if the death occurred after the 21st week of pregnancy. Consequently, following their second loss, the couple were forced to apply for a standard sick note in order to be granted time for basic recovery.

Human rights activists draw particular attention to the vulnerable position of fathers. Following the death of his daughter, Laetitia’s partner was granted just three days’ leave, which she herself considers insufficient. The Stärekanner Association, a non-profit organisation specialising in supporting families who have lost children, also highlights the critical lack of support for men. Recently, representatives of the organisation reported the death of one of the fathers they were supporting, who was unable to cope with the devastating loss. Martine Pinnel, president of Stärekanner, insists on the need to provide both parents with sufficient time to come to terms with the trauma, organise the funeral and receive qualified psychological support, and calls for state funding to be allocated to specialist organisations.

At the same time, the promised legal reforms are being delayed. LSAP MP Claire Delcourt has tabled parliamentary questions demanding clarification on the timeline for the adoption of the bill on leave for parents who have lost a child. This measure is set out in the coalition agreement but has not yet been implemented. If the government does not take concrete action by the autumn, the opposition party plans to table its own bill.

In addition to amending the legislative framework, the initiative group proposes introducing new protocols in healthcare facilities. In particular, it is proposed that special warning signs be placed on the doors of wards for women who have lost a child, to prevent inappropriate comments from staff, and that empty cots be removed from such rooms as a matter of course. At local authority level, there is also a need to provide families with better information about their right to the official registration and burial or cremation of stillborn children. Laetitia Sutil emphasises that miscarriages and the loss of children must not remain a taboo subject in society, and that public discussion of the issue is a necessary step towards creating an effective support system.