Can you be fired in Luxembourg while sick? Rules and regulations on sick leave and employee rights
In Luxembourg, firing someone while on sick leave can be a complicated situation. Both employers and employees need to follow specific, related rules. In this article, we will look into these rules through an overview regarding sick leave in Luxembourg, but also termination details, long-term sick leaves, and any legal ramifications.
What does ‘sick leave’ actually mean in Luxembourg?
🔔 Notification of sickness and medical certificate
- First day of sickness: Employees must inform the employer of their illness, by any means possible (ex. phone, SMS, email, etc.)
- Up to three days: The employee must submit a medical certificate (Certificat d’Incapacité de Travail, or “CIT”) to the employer and the CNS by the third working day they have been sick.
- More than three days: Being treated as prolonged leave.
💶 Salary
- Employers cover up to 77 days of sick leave with full salary over an 18‑month reference period.
- After that, the CNS covers a total of up to 78 weeks of sick leave.
- Upon expiration of those 78 weeks granted by CNS, the employment contract automatically ends the same day.
🛡️ Protection against wrongful termination
- In Luxembourg, employees are protected from termination for 26 weeks of <continuous> sick leave.
- Even after 26 weeks, employers can only dismiss with ‘real and serious cause’, such as misconduct including constant tardiness, bad performance, embezzlement, sexual harassment, physical or verbal abuse, and more.
When can you get fired while on sick leave?
Immediate termination due to serious misconduct
If employees fail to notify their absence, don't submit the CIT in time, or commit a crime or deliberate serious misconduct, they lose any employee protection and rights, and can be fired immediately due to ‘serious fault’ ("faute grave").
Exception due to sickness during probation period
If an employee falls sick during their probation period and the sick leave exceeds its duration, the probation period extends up to one month. If the employee is still sick beyond this extension, the employer may then end the contract.
Medical checks initiated by the employer
Employers (or the CNS via Luxembourg CNS medical check or CNS control appointment Luxembourg) may request a medical check if there's doubt about the employee’s sickness:
- If employees refuse a check without justification, they can be terminated with immediate effect.
- If the exam finds the employee fit for work before the 26‑week limit, the employer may dismiss them with notice.
Disruption of business due to repeated sick leaves
Even if a sick leave is valid and documented, if it happens continuously or constantly, creating operating issues for the business, the employer can apply for termination after the 26-week protective period, with the equivalent notice and reasoning, for example malfunction of a department.
Employee rights
- ✅ Compliance: If the employee notifies the employer and submits a medical certificate within deadline, then they are protected.
- 🏥 Legitimate sick leave: The employee is protected for 26 continuous weeks and termination might occur only for exceptional organizational reasons, such as restructuring or serious disruption of business.
- 🩺 Medical checks: The employee has the right to request a second and third medical opinion, if the employer doubts the illness.
- ⛔ Automatic termination: After 78 weeks, contract ends without notice.
- 🚧 Illness caused by work: If the sickness is caused by the employer/workplace/tasks (such as work accident, harassment, burnout) there are no grounds for termination, and the employer needs to assume responsibility.
Employer requirements
- 📢 Notice: For termination after documented sick leave the employer is obliged to give legal notice.
- 📝 Cause: He/she also has to give an objectively accepted reason for termination.
- 🩺 Medical check: For any doubt regarding the employee’s sickness, the employer has the right to ask for a CNS medical check or a check at a doctor of the employer’s choice.
- 👨⚕️ Home check: For further examination of the matter, in case of more doubts, the employer has the right to request a home inspection by the CNS, between 8AM and 9PM to confirm the employee’s incapacity.
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Learn moreSummary
- During first 26 weeks sick leave: No termination can occur unless in case of serious misconduct or non-delivery of requested medical certificate.
- After 26 weeks: Termination can occur with notice, if the employee’s absence seriously disrupts business operations.
- After 78 weeks: Work contract ends automatically by law.
- Automatic immediate termination: Immediate termination is permitted at any time for serious misconducts such as criminal acts or fake certificates.
- CNS checks: Employers may request both medical and administrative controls to verify the accuracy of sick leave.
Examples
Conclusion
In Luxembourg, it is not easy to fire an employee while he/she is on sick leave, because employees are heavily protected by the state. Although, some strict rules apply for employees as well and their initial state protection lasts up to 26 weeks of absence. After that they might get terminated with legal notice and a proper justification, and after 78 weeks the contract ends automatically by law. Both employees and employers need to follow specific steps and be compliant in order to keep their rights.
It might seem unfair to fire someone while on sick leave, but if the absence disrupts normal business operations is a very valid reason. While the Luxembourgish State protects the employees with various rules and regulations when it comes to sickness-related termination, there is a limit to those too, in order to protect businesses as well, to an extent.
Hopefully this article answered most of those questions and gave a proper overview of sick leave in Luxembourg.
