The applicant must:
- concentrate mainly on bringing up the child or children in question at their own home during the period of parental leave. In the case of separated parents, a judgment with the custody regulations as well as a sworn statement confirming that the child is in the applicant's household during the period of parental leave must be enclosed with the application. The statement must be signed by both parents;
- be compulsorily affiliated to the Luxembourg social security system on the basis of an employment contract and without interruption for at least twelve continuous months immediately prior to the start of the parental leave;
- have one or more employment contracts totalling at least ten hours of work per week;
- be employed under one or more employment contracts or an apprenticeship contract for the duration of the parental leave. Please note: a parent with an apprenticeship contract is only entitled to full-time parental leave of 6 or 4 months;
- not engage in any professional activity during the period of full-time parental leave or engage in a part-time professional activity reduced by half the time worked before the parental leave. If he has opted for part-time parental leave, he must reduce his working hours by twenty percent per week or stop his work entirely for 4 months within 20 months in case of split parental leave.
If the parent changes employer during the 12-month period prior to or during parental leave, the leave may be granted subject to the agreement of the new employer.
Please note: you are NOT entitled to parental leave if you have already received education allowance for the same child (n.b. abolished since 1 June 2015). The anti-cumulation provision also applies if you are resident abroad and were the only worker in Luxembourg. Your spouse did not have any personal right to benefit from the education allowance, but a derived right based on your activity.
The amount of the education allowance can NOT be reimbursed in order to benefit from the parental leave!