Individual training leave
Employees, self-employed people and professionals can request individual training leave, special paid leave or training leave of up to 80 days over the course of their professional career.
Individual training leave enables the recipient to:
- attend training courses,
- prepare for and sit examinations,
- write dissertations,
- complete any other work related to an eligible training course.
In order to obtain individual training leave, employees must:
- be habitually employed at a workplace located in the Grand Duchy of Luxembourg,
- have an employment contract with a company or association that is legally based and active in the Grand Duchy of Luxembourg,
- have worked for their employer for at least six months at the time the leave is requested.
Self-employed people and independent professionals must:
- be affiliated to the Luxembourg social security system for at least two years,
- have their business address in the Grand Duchy of Luxembourg,
- be professionally active on Luxembourg territory.
Persons preparing for and taking part in a national or international championship or competition that is related to the promotion of vocational training and one accompanying person per candidate, i.e. a person specialised in the candidate's professional field and able to advise him/her, are also eligible for this leave.
Applicants do not need to meet any age or residency conditions.
02 Eligible training
Eligible training may be provided in Luxembourg or abroad by:
- Institutions with public or private school status recognised by the public authorities, and issuing certificates recognised by these same authorities,
- Professional chambers,
- Foundations, individuals and private associations approved by the Ministry of Education, Children and Youth (Ministère de l'Education nationale, de l'Enfance et de la Jeunesse),
- Ministries, government services and public bodies,
- Private training bodies approved in Luxembourg or in another EU member state,
- Businesses which supply equipment and services promoting technological advances and delivering training related thereto,
- Providers approved by the Ministry of Health.
Training may or may not have a direct link to the trainee's current position. It may be held during working hours, in the evenings or at the weekend. Distance training is also eligible.
Training financed by other legal provisions is not eligible.
The request to take individual training leave must be sent in two months prior to the start of the leave being requested. The employer must give an opinion when the employee makes the request.
To apply, the employee must:
- fill in the form entitled 'demande d'octroi de congé-formation', available online at the MyGuichet.lu website;
- obtain his/her employer's opinion;
- send the duly completed form and the requested supporting documents (employment contract, training registration certificate indicating the total number of hours, certificate attesting affiliation to the Luxembourg social security scheme) to the Ministry of Education, Children and Youth (Ministère de l'Education nationale, de l'Enfance et de la Jeunesse - MENJE).
The employee receives notification by post of the number of days of leave granted.
After completing the course, he/she shall ask for an attestation in triplicate from the training provider, proving that the leave has been used for the stated purpose, and must pass on two copies to his/her employer immediately.
The employer must:
- fill in the appropriate section on the employee's form requesting training leave, stating the company's opinion and stating its reasons if the opinion is negative,
- fill in the reimbursement declaration available online on MyGuichet.lu, attach the documents requested (certificate(s) of participation, pay slip(s) for the corresponding period, employer's attestation indicating the exact date(s) of the day(s) of training leave actually taken, copy of the Ministry's approval, etc.) and send it all to the MENJE.
Negative opinion from the employer
The employer may not refuse a request to take training leave, but may express a negative opinion.
In the event of a negative opinion on the part of the employer:
- the leave may be deferred if the absence resulting from the leave sought may have a considerable harmful effect on company operations or the smooth running of annual paid leave for staff;
- the employee can still send the request form to the MENJE. The Ministry will pass it on to an advisory committee, which issues an opinion on the timescale for deferment. The MENJE will make its decision according to this opinion.
Self-employed people and independent professionals can apply online via MyGuichet.lu.
The procedure is similar to the one described above; only the form and the items requested are different. Following the training course, the self-employed person/independent professional completes a reimbursement declaration together with an attestation of attendance and a certificate of income.
04 Number of days and duration
Calculating the number of days
The total number of days of training leave depends on the duration of the training course in hours as defined by the training body. It represents 1/3 of the time devoted to the training.
The number of training hours is converted into a number of work days: 8 hours of training = 1 work day.
The resulting quotient is divided by 3 to obtain the number of days of training leave.
If the result is not a whole number, it is rounded down to the nearest whole number.
|Example of calculation for a 30-hour training course
30/8 = 3.75 work days
3.75/3 = 1.25 days of training leave (to be rounded down)
A 30-hour training course therefore entitles the participant to 1 day of training leave.
Each recipient has 80 days of training leave that he/she can take throughout his/her career. No more than 20 training leave days can be granted over a 2-year period. Each 2-year period begins with the year in which the first individual training leave is taken.
The minimum duration of training leave is 1 day. The recipient must therefore register for training lasting at least 24 hours in order to qualify for training leave (24 hours / 8 = 3 work days / 3 = 1 day of training leave).
For part-time employees, training leave days are calculated in proportion to their working time.
The legal provisions relating to social security and employment protection remain applicable for the duration of the training leave.
The period of training leave:
- is assimilated to days of actual work;
- cannot be deducted from days of annual recreational leave.
05 Compensatory allowance
For employees, each day of leave granted entitles the recipient to a compensatory allowance equal to his/her average daily salary paid by the employer. The employer advances the allowance and is reimbursed by the State for the amount of the allowance and for the employer's share of social security contributions.
For self-employed people and independent professionals, the compensatory allowance paid by the State is based on the income used during the last contributions year as the basis for calculating contributions to the pension insurance scheme.
The compensatory allowance may not exceed four times the minimum wage for unqualified workers (9.027,80 euros / index 855,62 at 1 October 2021).
Each reimbursement declaration must be accompanied by a certificate indicating the accident insurance contribution rate for the year in which the training leave was taken.