Cultural leave

General information

Cultural leave is intended for employees, self-employed persons or those exercising a liberal profession as well as for municipal and state officials.

This type of leave can be requested by cultural actors (artists or any other person who is involved in a film, audiovisual, musical or other project or production) with a view to participating in:

• specialised training relevant to the cultural sector, organised by an approved continuing vocational training body;
• high-level events in Luxembourg or abroad, in which they have been invited to participate, both in the preparation and in the execution of the events. High-level events are cultural events, which are recognised in the artistic or cultural fields concerned and which are internationally renowned (theatrical productions, film productions, visual art exhibitions, festivals, fairs, literary salons, cultural exchanges, presentation of awards, international congresses etc.).

Cultural leave may be requested by the administrative executives of federations, national networks or associations (persons responsible for management or direction, or persons who contribute thereto in an administrative capacity) to:

• ensure the management of the federation, the national network or the association;
• participate in an international meeting of national federations, associations or networks;
• participate in a specialised training relevant to the cultural sector, organised by an approved continuing vocational training body;

Cultural leave may be requested by those designated by federations, national networks or associations for participation in high-level cultural events in Luxembourg.

The cultural activity or event for which the leave is requested must not be part of the applicant's main professional activity.

Prerequisites

To be eligible for cultural leave, cultural actors must:

• be affiliated with Luxembourg social security bodies as an employee, a self-employed worker, or as a person exercising a liberal profession, for at least the 6 months preceding the date of the application for cultural leave;
• have at least 6 months of length of service with their employer at the time of application;
• carry out their cultural activity as a sideline to another professional activity;
• demonstrate a known commitment to the Luxembourg cultural and artistic scene.

Administrative executives must:

• have
• at least 6 months of length of service with their employer at the time of application; or
• be affiliated as a self-employed worker or as a person exercising a liberal profession for at least 6 months prior to the date of application for leave;
• carry out their administrative activity as a sideline to another salaried or self-employed professional activity;
• have an administrative executive position in an association in the cultural sector or in a federation or national network representing the cultural sector, which plays a key role in the cultural field and receives annual financial support from the State.

Persons designated by federations, national networks or associations to participate in high-level cultural events in Luxembourg must have at least 6 months of length of service with their employer at the time of submitting their application for leave.

Training workshops, private research projects and promotional presentations are not eligible for cultural leave.

Procedure

The application for cultural leave must be submitted to the Minister of Culture 2 months before the date of the event for which the leave is requested.

The employer or head of the administration must give their opinion on the request for leave within 8 working days. They can express their refusal if the absence of the employee may have considerable harmful effects on the company's operations, the proper functioning of the administration or public service or the smooth running of paid leave of other staff members.

Cultural leave is considered equivalent to actual working hours. The legal provisions relating to social security and employment protection remain applicable to the beneficiairies thereof for the duration of the cultural leave.

Number of days and duration

Cultural leave is limited:

• to 12 days per year and per beneficiary for cultural actors;
• for the administrative executives of national federations and networks in the cultural sector, whose affiliated associations or institutional members together number
• less than 1.000 paid-up members, to 5 days per year per body
• at least 1.000 paid-up members , to 10 days per year per body
• for administrative executives of associations in the cultural sector with:
• less than 50 paid-up active members, to 2 days per year per body;
• between 50 and 200 paid-up active members, to 3 days per year per body;
• more than 200 paid-up active members, to 4 days per year per body;

National federations and networks in the cultural sector are entitled to 50 days of cultural leave per year for the participation of persons designated by them in high-level cultural events in Luxembourg.

Associations in the cultural sector are entitled to 10 days of cultural leave per year for the participation of persons designated by them in high-level cultural events in Luxembourg.

Cultural leave may be split, with each part consisting of 4 hours at least.

Compensatory allowance

During cultural leave, the beneficiary is paid as follows:

• for each day of leave, private-sector employees are entitled to a compensatory allowance paid by the employer, equal to the average daily salary. This allowance may not exceed 4 times the social minimum wage for unskilled workers (€10.283,72 / index 944,43 on 1 January 2024). The allowance is paid to them by the employer, who is then reimbursed by the State for the amount of the allowance and the employer's share of social security contributions. The application for reimbursement should be made using the specific form;
• persons exercising a self-employed or liberal professional activity benefit from a compensatory allowance fixed on the basis of the contribution base, without exceeding 4 times the social minimum wage for unskilled workers (€10.283,72 / index 944,43 on 1 January 2024);
• employees in the public sector continue to receive their pay and benefits.

The allowance is reimbursed to the employer or the self-employed person on the basis of a declaration, which must be sent to the Minister responsible for Culture after the end of the cultural leave and no later than 1 March of the year immediately following the year in which the leave was taken.