Incapacity for work

Applicable lesgislation

• article 28-3 de la loi modifiée du 16 avril 1979 fixant le statut général des fonctionnaires de l’Etat (ci-après le statut général)
• articles 19-25 du règlement grand-ducal modifié du 3 février 2012 fixant le régime des congés des fonctionnaires et employés de l’État

Reporting incapacity for work

A civil servant/employee who is prevented from carrying out his/her duties due to illness or accident must inform the head of administration before the beginning of his/her compulsory attendance time (cf. article 28-3 of the general statute of civil servants)

Notification of an incapacity for work of 3 days or more

For any incapacity for work exceeding three consecutive days of service, the civil servant/employee shall send the 2^nd page of the medical certificate to the head of administration or his delegate no later than two days after it has been issued.  The 3^rd page of the certificate is to be kept by the insured person for his own use. The 1^st sheet is exclusively for the insured persons of the health insurance fund and should also be kept.

A civil servant/ employee affiliated to the Health Insurance Fund for Civil Servants and Public Employees (CMFEP) does not need to forward his certificate of incapacity for work to the CMFEP since the public sector employee benefits from the legal retention of remuneration throughout the period of sick leave.

A person who is insured by both, the CNS and the CMFEP, for two different professional activities must submit the first page of the certificate of incapacity for work to the CNS. Further information on this subject can be found on the CNS website.

Info: The certificates submitted by the insured person to the CMFEP are not archived and cannot be retrieved if necessary.

Exit regulations during sick leave

During the first 5 days of incapacity for work, the person declared sick is not allowed to leave the house, with the exception of going out that is indispensable for visiting a doctor or another service provider, for a summons to a check-up doctor or for taking a meal.

From the 6th day of incapacity for work onwards, exits are permitted between 10.00 and 12.00 and between 14.00 and 18.00, provided that the exit has been expressly indicated on the medical certificate by the attending doctor.

In cases where the incapacity for work extends beyond a period of six consecutive weeks, the control doctor may, from the 43rd day onwards, at the written request of the civil servant/employee and with the agreement of the Head of Administration, lift the restrictions on going out as provided for above.

Stay abroad during illness

In general, the insured person is not allowed to stay abroad during the period of incapacity for work. For any stay in a country other than the one in which the insured person officially lives during incapacity for work, an authorization from the control doctor is required. Applications to this effect should be addressed to your employer.

For more information on this subject, please contact your HR department or consult the applicable legislation on the Civil Service Portal.

(Cf Règlement grand-ducal du 3 février 2012 fixant le régime des congés des fonctionnaires et employés de l'État).

Applicable lesgislation

• article 28octies de la loi modifiée du 16 avril 1979 fixant le statut général des fonctionnaires de l’Etat (ci-après le statut général)
• articles L.234-50. et suivants du Code du travail

Conditions

Family leave is a special leave to enable parents to be present with their child under the age of 18 or a disabled or seriously ill child, as well as in the case of quarantine or isolation of the latter.

To be entitled for family leave, the staff member must:

• on the day of his absence, give notice in person or by proxy, either orally or in writing, to the Head of Administration or his delegate
• submit a medical certificate to the Head of Administration. This certificate must mention the illness, accident or other compelling reasons for the child's health, the need for the parent's presence and the duration of this presence

The staff member therefore does not need to send the medical certificate (respectively the isolation order) to the sickness fund.

To find out about the remaining days of leave, the CMFEP insured person must also contact his/her employer.

Applicable lesgislation

• article 29 de la loi modifiée du 16 avril 1979 fixant le statut général des fonctionnaires de l’Etat (ci-après le statut général) ;
• articles 332-1 et svts du Code du travail
• textes de la sécurité sociale

Conditions

The Social Security Code stipulates that a female worker is entitled to financial compensation for maternity provided that she has been compulsorily insured for at least six months in the year preceding the beginning of that period.

This legal provision also applies to insured persons in the civil service and has been implemented in Article 29 of the General Statute for Civil Servants/State Employees, according to which staff members in active service are entitled to maternity leave, to be granted in accordance with the conditions and procedures laid down in the Labour Code (Code du travail).

Maternity leave consists of eight-week prenatal leave and  twelve-week postnatal leave.

Maternity leave is considered as normal working time and, if the employer (or CGPO) agrees to the request, the staff member continues to receive her remuneration paid by the State until the end of the leave.

In practice, the staff member must therefore present a medical certificate to her employer indicating the presumed date of delivery during the last 12 weeks of pregnancy.

The employer forwards this certificate to the competent administration or to the Centre for the Administration and Organisation of Personnel of the State (CGPO), which checks whether the conditions for granting the allowance are met and informs the applicant.

You don’t need to send the pregnancy certificate and the application for maternity leave to the Sickness Fund CMFEP.