Getting Started in Payroll in Luxembourg Presented by Jeanette - PowerPoint PPT Presentation

Getting Started in Payroll in Luxembourg Presented by Jeanette Hibbert MSc

Agenda 1. Types of Leave 1. Maternity 2. Adoption 3. Parental Leave

Types of Leave

Maternity Leave and Pay During the job interview, pregnant women do not have the obligation to u inform their prospective employer of their pregnancy If the employer asks the question, they are not forced to disclose their u pregnancy Pregnancy forms part of the private sphere u If a pregnant woman is hired, maternity protection only applies from the u moment she informs her employer of her condition Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Leave and Pay The employer may not terminate the employee's contract during the trial u period if he has been duly informed of her pregnancy If an employee on a permanent employment contract becomes pregnant u during her trial period, the trial period is suspended from the day the employee submits a medical certificate to her employer confirming her pregnancy The remaining part of the trial period will start again at the end of the period u of protection against dismissal In the case of a fixed-term employment contract, there is no suspension of u the trial period or renewal of the fixed-term contract, which expires as normal at the end of the initial period Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Leave and Pay An employer who has been duly informed of the pregnancy may not dismiss u with notice an employee whose pregnancy has been confirmed by a medical practitioner, throughout the duration of the pregnancy and for 12 weeks following the birth If an employee is dismissed before her pregnancy has been confirmed by a u medical practitioner, she has 8 days from the notification of dismissal to provide her employer with a medical certificate as proof of her pregnancy The employer must then declare the dismissal procedure null and void, with u the employee's approval. If the employer refuses to withdraw the dismissal, the employee has 15 days following the termination of the contract in which she may make a claim to a labour tribunal to demand that the procedure be declared null and void Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Leave and Pay In the event of cessation of business, the termination of employment is not u declared null and void, however… A pregnant employee's contract may be terminated in case of serious misconduct u The employer may pronounce the employee's immediate suspension pending the u decision of labour tribunal, but he cannot send the actual letter of dismissal of his own initiative The employer must file a request with the labour tribunal in order to be u authorised to terminate the employment contract The tribunal analyses the gravity of the misconduct and decides whether or not to u validate the immediate suspension and thus terminate the employee's employment contract Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Leave and Pay In the event of an irregular dismissal without a suspension that occurred in u the conditions stated, the president of the tribunal orders the reinstatement of the salaried woman in the business If the pregnant woman has not requested the nullity of the dismissal within 15 u days following the termination of the contract, she may take legal action and claim damages for wrongful dismissal Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Leave and Pay Employees are protected during the complete duration of their pregnancy, from u the moment the employer has been informed of their condition Upon the employer's request or in case of a special protection need (e.g.: u hazardous job, night work, etc.), the employer must be given a medical certificate attesting to the pregnancy. In this case, the employee must forward the certificate: u either by registered letter with acknowledgment of receipt; u by handing over the letter in person, in which case the employer must acknowledge receipt on the copy of the certificate; u by fax or email, provided the certificate is submitted in a clean and legible format The German document 'Mutterpass' is considered a valid confirmation of pregnancy u Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse-maternite/index.html

Maternity Pay The employee must submit a medical certificate, 12 weeks before the u expected date of delivery, stating the date of delivery to the employer and the National Health Fund (CNS) Ante natal check ups must be paid without loss of salary u As in the UK there are protections against night time working, hazardous u environments plus protection when pregnant or breastfeeding for overtime Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Pay The employer cannot request overtime work from pregnant or breastfeeding u women if they do not wish to work overtime. Protection against work hazardous to health and safety u The employer must take measures to protect pregnant and breastfeeding women u from risks linked to certain hazardous work. The employer must inform all female employees as well as the joint works u committee, or failing this, the staff delegation and, where applicable, the equal opportunities officer: u of the list of tasks that pregnant or breastfeeding women are not obliged to carry out; u and of the measures taken to avoid: u any risks to the health and safety of these women; u any possible repercussions with regard to the pregnancy or breastfeeding Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Pay These tasks are divided into 2 categories: u category 1 (activities that are likely to present a risk of exposure to certain u agents, procedures or working conditions): u tasks such as lifting loads of over 5 kgs; u tasks involving a risk of falling or slipping; u tasks requiring the employee to constantly be in a crouched or bent position category 2 (activities which present a risk of exposure to certain agents or working u conditions and put in danger the health and safety of employees): u tasks exposing the woman to chemicals such as lead; u tasks exposing the woman to biological agents such as toxoplasmosis or the rubella virus Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Pay As regards tasks in category 1, the employer must evaluate whether there is a u risk to the employee's health and safety and any possible repercussions with regard to the pregnancy or breastfeeding Where such risks have been detected by the employer, he must, in u accordance with the occupational health practitioner's recommendation: u either provisionally change the conditions or working time to eliminate the risk; or u if it is technically or objectively impossible, transfer the employee to another position with the same salary as in her former position; or u if this transfer is technically or objectively impossible, exempt the employee from work during the whole period necessary to protect her health and safety Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Pay As regards tasks in category 2, the employer, together with the occupational u health practitioner, must evaluate which are the tasks that pose a threat to the health and safety of pregnant or breastfeeding women Where such risks have been detected within the company, the employer must, in u accordance with the occupational health practitioner's recommendation: u either immediately transfer the employee to another position with the same salary as in her former position; or u if this transfer is not possible, exempt the employee from work during the whole period necessary to protect her health and safety Should the employee be exempt from work, the employer stops paying her salary u The employer submits the certificate from the relevant occupational health u practitioner to the CNS which will then pay the employee financial benefits equivalent to her salary Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html

Maternity Pay Pregnant or breastfeeding women may request exemption from night work u (between 22.00 and 6.00) from their employer until their child's first birthday: u either by registered letter with acknowledgment of receipt; u or by having the employer sign a copy of the request as proof of receipt The employer must contact the occupational health practitioner within 8 days of u receiving the request The occupational health practitioner will determine whether the health and safety u of the pregnant or breastfeeding woman are at risk and inform the employee and the employer of his decision within 15 days The employer must follow the occupational health practitioner's recommendations u Source: http://www.guichet.public.lu/entreprises/en/ressources-humaines/conges/situation-perso/grossesse- maternite/index.html