Do you work in the Grand Duchy of Luxembourg and cannot go to work because you are sick? What do you need to know to benefit from sick leave in Luxembourg? What are your rights and obligations? Just Arrived reviews the certificate of incapacity for work and sick leave.
What are your obligations in case of sick leave?
You are sick and cannot go to work? The first thing to do is to let your employer know, as from the first day of your absence, by phone or in writing. In case of dispute, you must be able to prove that you have informed your employer of your inability to get to work.
For less than 2 days of missing working days, it is not mandatory to provide a medical certificate to your employer, unless he/she specifically asks for it. However, the medical certificate is mandatory from the 3rd day of absence. Submit it to your employer and to the Caisse Nationale de Santé (CNS) within 3 days of absence at the latest. In case of serious hospitalisation and emergency, you have a 8-day period.
Failing to comply with the obligation to notify your employer from the first day of your absence and to not give him/her the certificate for incapacity for work within 3 days at the latest may result in dismissal with immediate effect.
In the event of sick leave extension, the medical certificate justifying the extension must be sent to your employer and to the CNS within 2 working days following the date of recovery initially planned.
If you get sick while you are on leave, you can reset an equivalent number of days of leave, as agreed with your employer, on presentation of a medical certificate.
Permission to go out during sick leave
In case of sick leave, you cannot go out within the first 5 days, even if your doctor allowed you to do so. Beyond the 5 days of incapacity for work, you may leave your home, or the place where you are staying indicated to the CNS only in the following hours: from 10h to 12h in the morning and from 14h to 18h in the afternoon. The following exceptions are allowed: the 1st day for food needs, after having told the CNS, or to go to medical visits or health administrations convocations in connection with the sick leave.
The CNS is indeed able to take inspections from 8h to 21h at your home or place of stay indicated, on its own initiative or at the request of your employer. If you are absent at the time the inspection is made, you must justify it; you may be fined.
In some cases, you are allowed to leave the country during sick leave: serious illness or setting out on disability, right to palliative care, death of a close relative abroad, etc.
The employer is in charge of paying sickness benefits for employees who are unable to work until the 77th day of absence. The CNS takes over beyond 77 days. This means that, as an employee, you receive all your net salary and benefits until the end of the month of the 77 days of incapacity. Following that date, you will receive the basic salary, supplements and accessories.
Also check with your employer and your collective agreement to see if there are any specific requirements for your company in the event of illness.
21 July 2020
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