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How to get sick leave from work in Luxembourg
It happens to all of us, one day we get sick and can't go to work, but what are the rights and responsibilities of employees and employers in the case of work-related absences? Read on as we will cover the specifics of sick leave in Luxembourg in detail.
Sick leave in Luxembourg allows employees to take time off work due to health issues while receiving salary compensation. However, this process involves specific duties and obligations that both the employee and employer must fulfill.
Employer's and employees rights and obligations
In Luxembourg, employees who are unable to work due to illness or accident are entitled to a certain number of sick leave days. Before diving into the detailed paperwork involved in these absences, let's briefly outline the rights and obligations of both employees and employers.
Employee
Basically, there are two main obligations for employees during a sick leave to fulfill.
Informing
Employees must declare their inability to work by providing a medical certificate of incapacity.
Mobility restrictions
Sick leave days are not like holidays where one can do as they please. There are restrictions on activities and even leaving the house.
Employer
During sick leave, the employer is required to ensure the employee receives compensation for a certain number of days.
How to get compensation for medical expenses in Luxembourg?
In addition to the right to sick leave, Luxembourgers are also entitled to compensation for medical expenses, as they are covered by the Social Security. If you want to know more about this topic we recommend our related article.
How to get compensation for medical expenses in Luxembourg
How to apply for sick leave: step-by-step
Applying for sick leave in Luxembourg doesn't involve asking for permission in the traditional sense. Instead, it is essential to follow specific notification and documentation procedures. Here's a detailed look at the steps involved.
Notification about illness
From the first day of absence, employees must notify their employer, either by phone or in writing. If the employee is unable to do so themselves, a third party can make the notification.
For absences exceeding 2 working days, a medical certificate of incapacity must be sent to both the employer and the CNS (Caisse Nationale de Santé) starting from the third day of absence.
- Employers have the right to request this certificate from the first day of absence.
- Cross-border workers can obtain a medical certificate from doctors in their country of residence.
Sick on vacation
These notification requirements also apply if the employee falls ill while on vacation. In such cases, the vacation is interrupted by the illness, and the employee can schedule an equivalent number of days off at a later date. The employee must consult with the employer and present a medical certificate.
Extension of sick leave
If the initial sick leave needs to be extended, a new medical certificate justifying the extension must be sent to the employer and the CNS within 2 working days from the originally scheduled return date.
Gradual return to work
If a gradual return to work is necessary or beneficial for recovery, it can be requested from the employer.
This option is available if the employee has been unable to work for at least one month out of the three months preceding the request and is still ill at the time of the request.
The request must be made using a special form of Request for Progressive Return to Work for Therapeutic Reasons, where the treating physician certifies that a gradual return to work will aid in the employee's health improvement. This completed and signed form must be sent to the employer, who must give their consent.
Documents
PDF
Request for gradual return to work for therapeutic reasons
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Request for gradual return to work for therapeutic reasons
DownloadOnce the employer agrees to the gradual return to work, the request must be sent to the CNS. The CNS will then ask the Medical Inspectorate of Social Security to review the request. The gradual return to work can only commence once the CNS has given its approval based on the opinion of the Medical Inspectorate of Social Security.
What is prohibited during sick leave?
Sick leave days are not the same as holidays; there are strict restrictions regarding leaving the house and engaging in certain activities, with control measures enforced by the CNS. Here we will review the key prohibitions and control measures during your sick leave in Luxembourg.
Can't leave the house
During the first 5 days of sick leave, you cannot leave your home, even if your doctor approves it. After these initial 5 days, you may only leave your home between 10:00 to 12:00 and 14:00 to 18:00. By the way, you can stay at someone else’s house during your sick leave, but you must provide the CNS with the full name of the person you are staying with and the duration of your stay.
Only to see the doctor and walk the dog, seems familiar…
However, necessary visits to the doctor or other healthcare facilities are allowed at any time from the first day of incapacity.
Can't have activities
While on sick leave, you cannot participate in sports activities unless prescribed by a doctor, nor can you engage in any activity incompatible with your health condition. Additionally, you are not permitted to visit bars or similar establishments.
Too sick to cook at home?
Visiting a restaurant is possible but only with prior authorization from the CNS, for which you must submit a Request to Eat Out During Sick Leave form. Choose your restaurant with us in the special blog section about Eating out in Luxembourg.
No abroad travel
Although you might be tempted to go on vacation during a long sick leave, traveling abroad is generally not allowed without CNS authorization. The CNS may permit a stay abroad during sick leave only in cases of severe illness, such as cancer, stroke, severe heart failure, sclerosis, etc. This authorization is granted for a specific period and requires a recommendation from the treating physician and the Medical Inspectorate of Social Security.
The CNS can also grant a stay abroad for up to one working week in the following cases, based on a recommendation from the treating physician:
- In the case of a stabilized illness within the framework of a disability procedure.
- Death abroad of a parent, first-degree relative, or partner.
- Birth of a child abroad.
Deadlines
Requests for authorization to stay abroad must be submitted to the CNS at least three weeks before departure, except in cases of death or birth.
Control measures implemented by CNS
The CNS can conduct checks to verify the presence or absence of the patient at home. These checks can take place between 8:00 and 21:00 from the first day of incapacity.
During an administrative check, a record of presence or infraction is made. If an absence is detected, the inspector leaves a notice of the visit at the control location. The person on sick leave must justify their absence within three working days from the date of the check.
Monetary compensation during sick leave from work
During sick leave in Luxembourg, employees are entitled to economic compensation. However, the specifics can vary depending on the type of employment and the employer.
Private sector employees
Private sector employees are entitled to continued remuneration from their employer until the end of the month in which the 77th day of incapacity occurs within an 18-month reference period. After this period, employees are still entitled to benefits, but these are provided by the CNS.
Self-employed people
For self-employed individuals, the concept of continued salary does not apply, as they do not receive a traditional salary. However, they are entitled to compensation from the CNS. This compensation is suspended until the end of the month in which the 77th day of incapacity occurs within a consecutive 12-month reference period.
Public sector employees
Public sector employees have the right to continued remuneration throughout the entire period of their sick leave.
How to apply for sick leave to take care of a child?
If you fall ill, you can take sick leave, but what if your child gets sick and you need to stay home to care for them? You can apply for child sick leave in Luxembourg, it’s known as leave for family reasons. As always, this type of leave is regulated and requires adherence to specific rules and procedures.
Any employee can request leave for family reasons if they have a child under 18 years old who requires parental presence. If only one parent is employed, only that parent can take the leave. If both parents are employed, both are entitled to take leave, but not simultaneously.
The duration of leave for family reasons depends on the age of the child.
0 to 4 years old
12 days
4 to 13 years old
18 days
13 to 18 years old
5 days (in case of hospitalization)
Special cases
The leave period can be extended for children suffering from exceptionally severe illnesses or disabilities, such as progressive cancer or conditions requiring hospitalization for more than two consecutive weeks. In such cases, the extension is determined on a case-by-case basis and is limited to a total of 52 weeks within a 104-week reference period.
Notification of illness
From the first day of absence, you must notify your employer by phone or in writing. If you are unable to do so, a third party can make the notification. Additionally, you must provide a medical certificate to your employer as soon as possible and to the CNS no later than the third day of absence.
The medical certificate must include:
- The national identification numbers of the child and the parent.
- The child’s illness, accident, or other compelling health reasons.
- The necessity for the parent’s presence with the sick child.
- The duration of the parent's required presence.
Compensation during family leave
During the leave for family reasons, employees are entitled to continued remuneration from their employer until the end of the month in which the 77th day of incapacity occurs within an 18-month reference period. After this period, employees are still entitled to benefits, but these are provided by the CNS.
How to get medical leave for a child?
If you would like to learn more about this leave, such as what happens if you request leave during your probationary period, information about protection from dismissal during this period, and other details, we recommend checking out our dedicated guide.
Medical leave in the case of burning out
Burn-out, also known as professional exhaustion syndrome, is a state of physical, emotional, and mental exhaustion caused by chronic workplace stress. It is dangerous because it can lead to severe health problems such as depression, anxiety, sleep disorders, heart diseases, and poor work performance.
In some countries like Belgium or France, burn-out is recognized as a disease. However, this is not the case in Luxembourg, where burn-out is not officially recognized as an illness. Therefore, the best approach is to prevent it, or if you are nearing burnout, seek professional help. Below are some tips to prevent burn-out and some organizations where you can seek assistance.
Organizations providing support and help for mental well being
There are several associations in Luxembourg, aiming to prevent and help employees facing problems at work due to stress.
Association Luxembourg et Grande Région de Prévention et de Gestion du Stress
The APGS aims to prevent and manage stress-related illnesses. Individuals suffering from depression or exhaustion can participate in physical and psycho-corporal activities, tailored to participants and supervised by health professionals specialized in therapeutic education.
Wellbeing at Work
Wellbeing at Work is a private organization dedicated to promoting health and well-being in the workplace. It offers support, action plans, conferences, coaching sessions, and awareness campaigns.
Navigating the rules and procedures for sick leave in Luxembourg can be complex, but understanding your rights and obligations helps. No matter if you are dealing with a personal illness, a child's health or the serious effects of burnout, knowing how to properly apply for leave and the restrictions that come with it ensures you receive the support and compensation you deserve. Always remember, your health is paramount, and taking the necessary steps to protect it benefits both you and your workplace.
Frequently Asked Questions (FAQ)
Do I need to provide a medical certificate for my sick leave?
Yes, you need to provide a medical certificate if your absence exceeds two working days. From the third day of absence, you must send a medical certificate to your employer and the National Health Fund (CNS). Your employer may request this certificate from the first day of absence.
Can I leave my house during my sick leave period?
There are restrictions on leaving your house during sick leave in Luxembourg. During the first five days, you cannot leave your home, even with a doctor’s authorization. After these initial days, you can only leave your residence between 10:00 and 12:00 and from 14:00 to 18:00. Medical appointments or necessary visits to healthcare facilities are exceptions to this rule.
Can I take sick leave to care for a sick child?
Yes, employees can take sick leave to care for a sick child under a provision known as "leave for family reasons." This leave is available to parents of children under 18 years old. The duration depends on the child’s age, ranging from 12 to 18 days. A medical certificate must be provided, indicating the child’s need for parental care.
Can I travel abroad during my sick leave?
Traveling abroad during sick leave is generally prohibited unless you obtain authorization from the CNS. This authorization is granted only for severe illnesses requiring treatment or rest abroad. Requests must be submitted at least three weeks before the planned departure, except in cases of emergencies such as the death or birth of a family member.
Is burnout considered a valid reason for sick leave in Luxembourg?
No, burn-out is not officially recognized as an illness in Luxembourg. However, the symptoms and effects of burn-out, such as severe stress or depression, can qualify for sick leave. It’s essential to consult with a healthcare professional to receive appropriate support and documentation.
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Source: guichet.public.lu, guichet.public.lu, itm.public.lu, www.justarrived.lu, www.apgs.lu, wellbeingatwork.world
We took photos from these sources: Kelly Sikkema, Unsplash
Authors: Luz
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