Bereavement leave in Luxembourg: your rights and the steps to follow

When a close relative passes away, Luxembourg labour law provides for extraordinary leave on personal grounds, separate from ordinary paid leave. Its length depends on your family relationship with the deceased. Calmes summarises your rights and the steps to take with your employer.

How many days of leave for a death?

The length of leave varies depending on your relationship with the deceased.

Death of a spouse or partner: the death of a spouse or registered partner entitles the employee to 3 days of extraordinary leave.
Death of a minor child: the death of a minor child entitles the employee to a longer period of leave, set at 5 days, the highest duration provided for a death in the legal scale.
Death of a first-degree relative: the death of a first-degree relative of the employee or their spouse/partner (parents, parents-in-law, adult children and stepchildren) also entitles the employee to 3 days of leave.
Death of a second-degree relative: for the death of a second-degree relative or in-law (grandparents, grandchildren, siblings, brothers/sisters-in-law) of the employee or their spouse/partner, leave is set at 1 day.
Other family relationships (uncle, aunt, cousin, friend): Guichet.lu does not provide for any specific entitlement for the death of an uncle, aunt, cousin or close friend. In these cases, the employee may draw on their annual statutory leave, or request their employer's understanding on a case-by-case basis: some collective agreements or internal rules may provide more favourable arrangements.

How to take bereavement leave

Notifying your employer

You must expressly request this leave from your employer, who cannot refuse it once the legal conditions are met. Unlike annual leave, this right applies from the very first day of your employment contract, with no waiting period.

When to take the leave

The leave must be taken at the time the death occurs: it can neither be postponed nor give rise to compensatory payment if not taken on time. If the death occurs on a Sunday, a public holiday or a rest day, the leave is postponed to the next working day. If you are ill at the time of the death, the extraordinary leave is lost; if it occurs during your annual leave, the latter is interrupted and resumes once the extraordinary leave ends.

Is the leave paid?

Yes. The employer must maintain your usual pay for the entire duration of the extraordinary leave. These days are considered statutory leave in full and cannot be deducted from your annual paid leave.

Special cases

Cross-border workers: what are the rules?

Bereavement leave is tied to the Luxembourg employment contract: cross-border workers are therefore entitled to it under the same conditions as residents. One exception to be aware of: if you are a cross-border worker and your partnership was registered abroad, you must first have it registered with the Luxembourg civil register in order to benefit from the leave granted on the death of a partner.

Fixed-term contracts and probationary period

Bereavement leave applies in the same way regardless of the type of contract (permanent, fixed-term) or the employee's length of service: it is acquired from the first day of employment, with no waiting period, unlike statutory annual leave.

FAQ: frequently asked questions about leave following a death in Luxembourg

Can my employer refuse bereavement leave?

No. Once the legal conditions are met, the employer is required to grant this leave and cannot object to it.

Can bereavement leave be combined with other types of leave?

Bereavement leave is granted in addition to annual paid leave: it cannot be deducted from it. Additional days may also be provided for by a collective agreement, internal rules or the employment contract, beyond the legal minimum.

Is proof required?

Labour law does not impose a precise list of documents, but the employer may reasonably request proof of the event (for example, a death certificate), particularly for keeping the statutory leave register that must be maintained.

This leave comes on top of the many steps to be taken after a death (reporting to the municipality, organisations to notify, inheritance matters). To help you find your way, visit our page on the formalities and administrative steps after a death. Pompes Funèbres Calmes is available 24/7 to support you at every stage: contact us.