In November 2024, the Luxembourg Red Cross and the Blood Transfusion Centre launched an appeal for donors, as blood reserves were only covering one week's hospital needs. In this context, Luxembourg could soon take an important step towards ensuring the long-term future of its solidarity-based blood donation model.
Submitted to the Chamber of Deputies on 19 December 2024, Draft Law No. 8471 aims to extend to all private sector employees the right to four hours off work, without loss of pay, in order to donate blood.
Content of the proposed reform
The text provides for the addition of an eleventh case of special leave to Article L. 233-16, paragraph 1st of the Labour Code, worded as follows: "four hours per donation in the case of blood and other blood components".
In its amended version currently under discussion, this new special leave would have the following characteristics:
- Fixed duration: four hours off work per donation, in line with the system already in place in the civil service and in certain private sector companies.
- Extended scope: the leave would cover not only whole blood donations but also donations of blood components (red blood cells, platelets, plasma).
- Maintenance of salary: the employee's absence would give rise to full maintenance of salary.
- Proof: the exemption would be granted upon presentation of a certificate issued by the Blood Transfusion Centre after the donation has been made.
- Frequency: donations would remain subject to the limits set by the applicable health regulations (authorisation for male donors to donate four times a year and female donors three times).
While the Chamber of Employees has approved the proposal, the Chamber of Commerce opposes it, arguing that it is the responsibility of the State – and not private sector employers – to maintain sufficient blood reserves. In particular, it advocates alternative measures such as extending the hours and/or days for blood collection to facilitate donation without creating a new type of special leave at the expense of companies.
What are the implications for employers?
Pending the final vote on the text and its entry into force, we recommend that employers anticipate the possible introduction of this new special leave, in particular by:
- assessing its organisational impact;
- adapting their internal absence management procedures, where necessary;
- informing HR departments and managers of the applicable rules;
- verifying how the future system will fit in with any collective agreements or existing practices applicable within the company.
We remain at your disposal for any questions you may have regarding this new special leave.
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