In principle, in the event of incapacity for work, the employee is entitled to continued payment from their employer until the end of the calendar month during which the 77th day of sick leave occurs, calculated over a reference period of 18 successive calendar months.
However, as part of the measures taken by the Government to deal with the coronavirus, between the 1st April and the last day of the month in which the state of crisis ended (i.e. 30th June 2020), all days of incapacity for work due to illness or accident were directly paid for by the sickness and maternity insurance.
Please note: For the calculation of the end of the employer's obligation to continue remuneration, the days of incapacity to work between 16.03.2020 and 31.03.2020 were still taken into account.
These measures taken during the crisis ended on 1st July 2020.
As of 1st July, when an employee is unable to work due to illness or accident, the employer must continue to pay the concerned employee's salary, unless the CNS is responsible for the payment.
Between 15th and 20th July 2020, the CNS will send each employer a letter concerning the coverage of payment of financial benefits in the form of a summary indicating the cases in which the employer will be in charge of the payment again as of 1st July 2020.
A copy of this letter is sent to both the fiduciary and the insured person.
The days of incapacity for work between 16th March 2020 and the end of the state of crisis have not been taken into account for the calculation of the end of the entitlement to financial benefits (limit of 78 weeks over a reference period of 104 weeks).
The following benefits are subject to this provision:
- Sickness cash benefits
- Accident cash benefits
- Leave for family reasons and leave for family support
- Family hospice leave
The following benefits are automatically and directly covered by the CNS:
- Maternity leave and exemption from work before/after maternity leave
- Adoption leave