When is it possible to take sick leave in Luxembourg?
In Luxembourg, as in Europe and many other countries around the world, it is possible to request sick leave, however, this practice is regulated. This is to ensure that there is no abuse on the part of both the employee and the employer.
It is generally considered that any condition that prevents the employee from performing his or her job effectively may justify sick leave, however, this condition must be supported by a valid medical certificate.
In addition, it is important to consider that there are certain limits as to what is considered a condition that prevents work from being performed effectively, as there are certain conditions that fall into what could be called a gray zone. Although from a legal point of view, things may be clear, these gray zones are areas of controversy where conflicting opinions exist as to whether the condition should be considered an illness that allows sick leave to be taken.
This is the case with burnout, also referred to as burnout syndrome, which is a state of physical, emotional and mental exhaustion caused by chronic work-related stress. This condition is dangerous because it can lead to serious health problems such as depression, anxiety, sleep disorders, heart disease and poor work performance. In addition, it negatively affects quality of life and personal relationships. In some countries such as Belgium or France burnout is recognized as a disease, however, this is not the case in the Grand Duchy so it is not possible to take a sick leave due to burnout in Luxembourg.
How to take sick leave in Luxembourg?
The process is quite simple, if one day you wake up in the morning, you do not feel well and you do not think you are fit to go to work, you can be absent from work, however, from that same day it is necessary to notify the employer by telephone or in writing. In addition, certain requirements must be met depending on the duration of the absence:
- Absences less than or equal to two days: presenting a medical certificate is not mandatory although the employer has the right to request one if he wishes to do so.
- Absences longer than two days: it is necessary to send a medical certificate of incapacity to work to the employer and to the CNS.
It is also important to note that these measures must also be taken when on vacation. In this case, the vacation is interrupted by the illness and the employee is entitled to schedule an equivalent number of days off at a later date.
Finally, it is worth mentioning that border workers can obtain a certificate of incapacity for work from the doctors in their country of residence.
What is prohibited during sick leave in Luxembourg?
To prevent abuse, the CNS has established some sick leave rules that limit what can be done on a sick leave day. These rules set limits as to the possibilities of leaving the house and the activities that can be carried out, which are accompanied by control measures by the CNS.
Restrictions on leaving the home
In case of sick leave, it is not allowed to leave the home during the first 5 days of sick leave, even if the doctor authorizes the departure. Once the 5 days of sick leave have elapsed, it is possible to leave home from 10:00 to 12:00 and from 14:00 to 18:00.
Necessary trips to the doctor or any other medical facility are authorized at any time from the first day of incapacity. It is also possible to stay at another person's home during periods of sick leave, but it is necessary to indicate the full name of the person with whom you will be staying and the duration of your stay to the CNS.
The CNS may carry out checks to verify presence at home between 8:00 and 21:00 from the 1st day of incapacity. During these checks, the inspector issues a declaration of presence or a fine and leaves a note of passage at the place where the check was made. If the person unable to work is not at home during an inspection, he must justify his absence within 3 working days from the date of the inspection.
Activity restrictions
A person incapacitated for work may not participate in certain types of activities or visit certain types of establishments:
- Sports activities: it is not possible to participate in sports activities unless medically indicated or to engage in any activity incompatible with his or her state of health.
- Bars: it is not possible to frequent a bar or similar establishment.
- Restaurants: it is possible to go to a restaurant but only with prior authorization from the CNS for which it is necessary to send a request using a “Request to eat out during sick leave” form.
Foreign travel restrictions
It is only possible to leave the country with authorization from the CNS, which is granted only in case of serious illnesses, is granted only for a certain period and is made after the opinion of the treating physician and the Medical Inspection of the Social Security.
In addition, the CNS may grant a stay abroad for a maximum of one working week, subject to the opinion of the treating physician, exclusively in the following cases:
- In case of a consolidated illness in the context of a disability procedure.
- Death abroad of one of the parents or a 1st-degree relative or partner.
- Birth abroad of a child.
Applications for leave to stay abroad must be submitted to the CNS at least 3 weeks before departure except in the case of a death or birth.
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Learn moreWhat is the economic compensation during sick leave?
During sick leave there is a right to financial compensation, however, there are some differences depending on the type of work and the employer:
- Employed persons: are entitled to continuation of remuneration for the entire period of sick leave. This is granted by the employer until the end of the month in which the 77th day of incapacity for work occurs for a reference period of 18 successive months and thereafter by the CNS.
- Independent employers: are entitled to compensation from the CNS but only from the end of the month in which the 77th day of incapacity for work occurs during a reference period of 12 successive calendar months.
- Public sector employees: are entitled to continued remuneration for the entire period of sick leave.
Can extensions or a gradual return to work be requested?
If an extension of the initial sick leave is desired, a new medical certificate justifying the extension must be sent to the employer and to the CNS within 2 working days of the initially planned date of return to work.
Moreover, it is possible to request a progressive return to work if this is necessary or considerably favorable to recovery, although one must have been unable to work for at least one month out of the 3 months preceding the request and still be ill at the time of the request.
This application involves several steps:
- Obtain the doctor's approval: an appointment must be made with the family doctor so that he can give his opinion and complete the corresponding sections on the “Request for progressive return to work for therapeutic reasons” form as well as to sign it.
- Obtain the employer's approval: it is necessary to ask the employer to give his consent by also signing the form.
- Send the form to the CNS: the form must be sent to the CNS, completed and signed by all three parties (physician, employer and patient).
- Wait for the decision: the CNS will ask the Social Security Medical Inspectorate to give its opinion on the application. Once the inspectorate has issued an opinion, the CNS will take a decision and communicate it to the employee and his employer. Only if the decision is positive and from that moment on will it be possible to proceed with the progressive return to work.
