Congratulations! As you prepare for the arrival of your precious newborn, it's natural to experience a whirlwind of excitement (and perhaps a hint of nervousness). This is a momentous occasion, and Luxembourg's maternity leave program is here to support you during this time.

Maternity leave is a period of time allocated to a woman after childbirth to recover physically and emotionally from giving birth and to bond with her newborn baby. It's a workplace benefit that allows the new mother time away from her job while still receiving financial compensation.

In Luxembourg, maternity leave is governed by the Labour Code, which ensures your rights as a pregnant woman and new mother. This Code outlines employer responsibilities and protects you throughout your pregnancy and early motherhood. Luxembourg boasts a comprehensive social security system that offers various benefits throughout your life.

Maternity leave vs. Parental leave: is it the same?

While maternity and parental leave provides time off for new parents to care for their newborns, key distinctions exist between them.

Maternity leave is specifically designed for mothers who have recently given birth. It offers a designated period for physical recovery from childbirth, emotional adjustment to motherhood, and crucial bonding time with the newborn.

On the other hand, parental leave is a broader category that encompasses leave for both mothers and fathers or even adoptive parents to care for a new child. This allows for flexibility in how families choose to structure childcare responsibilities in the early months. Parental leave policies may offer full or partial pay, and the duration can be longer or shorter than maternity leave.

In Luxembourg, the maternity leave to which you are entitled is split into two parts (pre and post-childbirth) and is 8 weeks before the birth of the child (prenatal leave) and 12 weeks after the birth of the child.

Who qualifies for maternity leave in Luxembourg? 

Any pregnant woman who:

• is engaged in a professional activity (as an employee, self-employed worker or apprentice) who has been subject to social insurance for at least 6 months within the last year

• does not qualify for other, more favourable statutory or agreed conditions.

This includes women with:

• an employment contract;

• an apprenticeship contract;

• self-employed status;

 but also students working during school holidays. 

How and when should you apply for maternity leave?

According to Article L. 331-2 of the Labour Code, a pregnant woman is an employee who is expecting a child and has notified their employer of their pregnancy.  Here's a step-by-step guide to applying for maternity leave in Luxembourg while ensuring you meet the qualifications:

• Obtain a certificate of pregnancy at 12 weeks from your doctor and notify your employer: To justify your maternity or breastfeeding leave, you are asked to send a medical certificate of pregnancy or breastfeeding to your employer, either by sending it by registered mail with acknowledgement of receipt, or by delivering it in person against signature. Please note: if you work in a high-risk position (industry, chemistry, health, prolonged standing, etc.), adjustments must be made; it is then important to inform your employer quickly. In order to prevent any risk during pregnancy that could be linked to working conditions, it is preferable to notify the employer as soon as possible to benefit, if necessary, from an adjustment or a separation of the workstation.

• Present the medical certificate indicating the expected delivery term to the National Health Fund (CNS) and your employer. This certificate, drawn up by a doctor or gynaecologist in the last 12 weeks of your pregnancy, must mention the expected delivery date. The date the certificate is issued is decisive: if the certificate is issued before the start of your 29th week of pregnancy (before the last 12 weeks), it will not be accepted and will be returned to you.

Important: Remember, to qualify for maternity leave benefits, you must have been affiliated with the Social Security system for at least 6 months within the year before your leave.

Your rights during maternity leave in Luxembourg

• Job security: The Labour Code guarantees your job security throughout your maternity leave. Your employer cannot terminate your employment or assign you to a different position with lower qualifications during this period.
• Seniority and leave accrual: Your seniority for length of service remains uninterrupted while on maternity leave. Additionally, you continue to accrue regular paid leave days during your maternity leave.
• Carrying over unused leave: Days of paid leave you haven't taken before starting maternity leave can be carried over to the following year. This allows you to use those days up to March 31st of the following year.

• Medical visits during working hours: Pregnant women can go to their gynaecologist for prenatal examinations during their working hours without loss of pay.

• Supporting mothers who breastfeed: Luxembourg recognises the importance of breastfeeding and supports working mothers. If you choose to continue breastfeeding after your maternity leave ends, you are entitled to dedicated breastfeeding time during your working hours.

Maternity leave in Luxembourg: What's it really like? ALEBA employee Charlotte Fossoul opens up about her experience with her third pregnancy. Read the full story! (Click here)

To have more information, please consult these official pages: 

• https://guichet.public.lu/en/entreprises/ressources-humaines/conges/situation-perso/grossesse-maternite.html 
• https://guichet.public.lu/en/citoyens/travail/conges-jours-feries/situation-personnelle/protection-femme-enceinte-ou-allaitante.html 
• https://www.csl.lu/en/your-rights/social-security/illness-and-maternity/maternity/