Sick leave (medical leave)

What is sick leave? — Sick leave (also known as medical leave) is the legal right of employees in Luxembourg to be absent from work due to illness or injury while maintaining job protection and continued salary payments. In Luxembourg, sick leave is governed by the Labour Code and administered through the National Health Fund (Caisse Nationale de Santé - CNS), providing comprehensive protection for workers who cannot perform their duties due to health reasons.

What are the employee's obligations during sick leave? — Luxembourg law requires employees to follow strict notification procedures during sick leave. Employees must inform their employer on the first day of absence, ideally before work hours begin, either directly or through a third party. Additionally, they must submit a medical certificate to both the employer and the National Health Fund (CNS) by the third working day of absence. Failure to comply with these requirements may result in the sick leave being invalidated and loss of salary continuation benefits.

Is a medical certificate always required in Luxembourg? — A medical certificate is mandatory for absences of three consecutive days or more under Luxembourg law. For shorter absences of one or two days, requirements may vary depending on the employer's internal policies, but employees should always be prepared to justify any absence. The medical certificate must be issued by a licensed physician and submitted to both the employer and CNS within the required timeframe.

How long does sick leave last in Luxembourg? — Luxembourg provides among the most generous sick leave protection in Europe. Employees who submit valid medical certificates can receive continued salary payments for up to 78 weeks over a reference period of 104 weeks. During the first 77 calendar days of certified sick leave, the employer continues to pay the employee's full salary. After this period, the CNS takes over payment responsibilities, providing sickness benefits typically equivalent to 100% of the reference salary.

What happens if I fall ill during vacation in Luxembourg? — Luxembourg employment law protects employees who become ill during scheduled vacation periods. If an employee becomes ill during their vacation, the sick leave immediately interrupts the vacation period, and unused vacation days are preserved and can be rescheduled to a later date. The employee must inform their employer immediately and provide a medical certificate confirming their condition according to standard CNS procedures.

What happens if notification requirements aren't met? — Failure to comply with Luxembourg's strict sick leave procedures can have serious consequences. Non-compliance with first-day notification requirements or late submission of medical certificates can result in the sick leave being classified as unauthorized absence, leading to loss of salary continuation rights and potential disciplinary action. In severe cases, repeated violations may result in dismissal for cause and loss of CNS sickness benefits.

How does Luxembourg's sick leave system work for cross-border workers? — Cross-border workers (frontaliers) who work in Luxembourg are entitled to the same sick leave protection as Luxembourg residents. This includes access to CNS benefits, job protection under Luxembourg labour law, and the same notification requirements and payment schedules. The comprehensive coverage extends to all employees working under Luxembourg employment contracts, regardless of their country of residence.

Which laws govern sick leave in Luxembourg? — Sick leave in Luxembourg is regulated by multiple legal frameworks including the Labour Code (Code du travail), which defines employee rights and obligations, and the Social Security Code, which governs CNS benefits and procedures. Additionally, collective bargaining agreements may provide enhanced protections beyond the legal minimum, and specific CNS regulations detail the procedures for medical certificates and benefit calculations.

Synonyms: Medical leave, illness absence, sickness benefits, health-related absence, CNS indemnities (indemnités de maladie)