Rights and obligations

In the event of sick leave, it is essential to follow medical advice, but also to be aware of your rights and obligations, both towards your employer and the National Health Fund (CNS).

Administrative procedures

From a social security perspective, the medical certificate must be issued no later than the third day of incapacity for work or its extension.

Before the end of the third day of incapacity for work, the employee (whether resident or cross-border worker) must ensure that their employer has a copy of their medical certificate.

The employee must send:

the first section of the medical certificate, duly completed and signed by their doctor, to the National Health Fund;
the second section to their employer.
They must keep the third section of the certificate for their own use.

Conditions for leaving the facility in the event of sick leave

During the period of incapacity for work, no leave is permitted for the first 5 days of incapacity for work (except under certain conditions to have a meal), despite any indication to the contrary on the medical certificate of incapacity for work.

From the 6^th day of incapacity for work (for outings not contraindicated by the attending physician), authorised outings are permitted between 10:00 a.m. and 12:00 p.m. and between 2:00 p.m. and 6:00 p.m. (despite any indication to the contrary on the medical certificate of incapacity for work).

Persons unable to work may not:

participate in sporting activities (unless medically indicated);
engage in activities that are incompatible with their state of health;
visit a bar or restaurant, except to have a meal from the first day of incapacity for work and subject to prior notification to the CNS, which can be done using a specific form or by telephone, fax or e-mail.

A person who is unable to work is required to provide the CNS with their full name and the full address (town, street, number, floor, etc.) where they are staying during their incapacity for work.

Essential trips to attend a medical examination by the social security authorities, to see their GP or any other healthcare provider are permitted at any time.

Administrative monitoring of employees

Administrative monitoring of employees who are unable to work due to illness or accident may be initiated by the National Health Fund (CNS) Work Incapacity Certificate Monitoring and Management Department, or at the reasoned request of the employer.

To verify compliance with the rules on leaving the home, a visitor appointed by the CNS may visit the home of the incapacitated person (or any other temporary address provided) between 8 a.m. and 9 p.m.

Please note:

This is not a medical examination: your state of health will not be clinically assessed.
The check applies to both residents and non-residents.
It may be carried out from the first day of incapacity for work.

If the person is absent when the inspector visits, a notice of attendance is systematically left, inviting the person who is incapacitated to provide justification within three working days.