Declaration of incapacity for self-employed or private household

As a self-employed person or an employee of a private household, I may not be subject to the same conditions as traditional company employees in the event of incapacity for work.

It is therefore essential that I understand my rights and responsibilities in the event of incapacity for work and that I take the necessary steps to ensure my well-being and social security during this period.

Everything I need to know

I click on the relevant tab.

My declaration if I live in Luxembourg

I must use the form/certificate issued by my doctor. It consists of three separate sheets and contains:

  • My 13-digit identification number;
  • The start and end dates of my incapacity for work;
  • The diagnosis code;
  • The date on which the certificate was produced;
  • The prescribing doctor's stamp or signature.

Good to know: my 13-digit identification number is made up as follows: YYYYMMDD for the year, month and day of birth, and XXXXX which are my five personal digits.

  • I send the first sheet (original) to the CNS, either using the online declaration form or by post.
  • I keep the third sheet.

For more information, click on : My obligations towards my employer in the event of incapacity for work.

My declaration if I am a cross-border worker

My 13-digit identification number issued in Luxembourg must appear on the certificate of incapacity for work. If it has not been written down by the doctor, I can add it.

Please note! If I enter my own identification number on the certificate of incapacity for work, I must be careful not to use the sections reserved for the doctor. Any changes or additions to these sections are unauthorised and may result in penalties and the invalidity of the certificate (see the tab 'Sanctions').

My doctor may not provide me with a certificate as issued in Luxembourg.

  • If I live in France, the doctor will issue a certificate consisting of section 1 for the health insurance, which I send to the CNS.
  • If I live in Germany, where the electronic certificate (eAU) is in force, I ask the doctor to provide me with a printed copy of the certificate, which I send to the CNS.
  • If I live in Belgium, where most certificates have only one section, I send this section to the CNS. If I need a duplicate, I ask the doctor to provide one.

I send my sick leave to the CNS either using the online declaration form or by post.  

What is the deadline for notifying the CNS of my incapacity for work?

If my incapacity for work does not exceed 2 workdays, I do not need to notify the CNS.

If I am off work for 3 days or more, I must send my certificate of incapacity by the end of the 3rd workday of incapacity for work at the latest, as evidenced by the postmark, whether I am at my usual place of residence or abroad when I fall ill.

Retroactivity of the certificate of incapacity for work

The medical certificate must be issued no later than the third day of incapacity for work or its extension. It may therefore have a retroactive effect of up to two days. Beyond this, it will only be taken into consideration by the CNS from the date it is issued.

For example, if I fall ill on a Monday and cannot see my doctor until Wednesday, my doctor will be able to draw up my sick leave from Monday. The entire period of incapacity for work will then be taken into account.

On the other hand, if I do not consult until Thursday and my doctor draws up my sick leave from Monday, the CNS will consider that I have been unable to work since Thursday.

What should I do if my incapacity for work is extended?

If my doctor extends my incapacity for work, I must send the new certificate to the CNS before the expiry of the second workday following the date initially scheduled for my return to work.

How do I declare my incapacity for work to the CNS?

Online

I use the 'Declaration of incapacity for work to the CNS' form.

I click here to access the form for declaring my incapacity for work

By post

I send my certificate of incapacity for work by post to the following address (without postage from Luxembourg):

  Caisse nationale de santé
  Indemnités pécuniaires
  L-2980 Luxembourg

What are the penalties imposed?

Failure to submit a certificate of incapacity for work

If I fail to send my certificate of incapacity for work to the CNS, the latter will send me a letter asking me to fulfil my obligation. Important! In the event of a repeat offence, the CNS may, under article 447 of the Social Security Code, impose a fine of up to €750.

Falsifying a certificate of incapacity for work

Warning! Any suspect certificate is reported for investigation by the CNS department responsible for processing medical certificates to the department dedicated to combating abuse and fraud.

Good to know: any modification of the data in the sections reserved for the doctor, by the insured or by a third party, exposes the latter to a fine, the invalidity of the certificate and the reporting of the events to the State Prosecutor.

The certificate is null and void in all cases. However, the amount of the fine depends on the seriousness of the offence:

  • Modification of data relating to a period of less than or equal to three days of incapacity for work: 200 euros
  • Modification of data involving more than three days' incapacity to work: 500 euros
  • Repeat offence, regardless of the length of time involved: 750 euros

What are the special conditions for the self-employed?

As a self-employed person, specific conditions apply to the payment of my financial compensation.

I refer to the questions and answers below for more details.

How long does it take for my monetary compensation to be paid?

As a self-employed person, I do not receive any compensation from the CNS during an initial period of incapacity for work, known as the 'waiting or suspension period'.

During this initial period of illness, however, I may receive financial compensation from the Employers' Mutual Insurance Fund. Find out more below under 'Securing a replacement income'.

How is the start of my CNS payments determined, and therefore the end of my waiting/suspension period?

The burden of payment for a month is determined as follows:

A month, or the days of illness occurring during that month, are covered by the CNS if, during the 12 months preceding that month, I have accumulated at least 77 days of incapacity for work. These 77 days are calculated on the basis of a reference period of 18 consecutive months preceding the month in question.

Payment of my financial compensation: a practical example to help you understand!

I'm on sick leave and I want to know whether or not the month of August 2024 will be paid by the CNS. For this to be the case, I must have reached 77 days of sick leave in July 2024. In this case, the 77 days are calculated over a reference period that runs from February 2023 to July 2024 (18 months before August). If I have been absent due to illness for 77 days or more during this period, the sick days in August will be paid by the CNS. If there are fewer than 77 days, sick pay remains suspended for the month of August, or is paid by the Employers' Mutual Insurance Fund if I am voluntarily affiliated with them.

Good to know: The burden of payment is determined for each month and the reference period also changes each month. When I no longer reach the required threshold of 77 days of sickness, my entitlement to CNS payment of my benefits ends again.

Can I also declare sick days without a certificate from my doctor?

No !

I must declare any incapacity for work by means of a medical certificate of incapacity for work sent to the CNS in order to be able to receive compensation from the CNS when the time comes.

How is my financial compensation calculated?

For the self-employed, the financial compensation corresponds to the contribution base applied when the incapacity for work was declared. It is recalculated each time the contribution base changes.

My incapacity for work is less than one month

If the period compensated is less than one month, each day is counted as one thirtieth of a month.

I want to secure a replacement income

I may, on a voluntary basis, join the Employers' Mutual Insurance Fund (Mutualité des Employeurs MDE) in order to receive a replacement income during the period of suspension of the CNS's financial compensation.

Please note: I make sure that all my sick days, even during the suspension period, are covered by a medical certificate and that the originals of these certificates have been sent to the CNS.

To find out more, I click here to access the website of the Mutualité des employeurs

I declare my incapacity for work

When my doctor prescribes an incapacity for work, I must inform my employer and the CNS.

Without a certificate - absence of 2 days or less

  • I notify the CNS by telephone (+352 2757-4800) if I do not have a certificate and if my absence from work is two days or less.
  • I notify my employer immediately.

With certificate - absence of more than 2 days

  • I send section 1 of the certificate of incapacity for work to the CNS.
  • I send section 2 to my employer.

I have to care for my sick child

If my child is ill and I claim my right to leave for family reasons, I must justify my absence with a medical certificate from the first day, as described above.

How do I declare my incapacity for work to the CNS?

Without a certificate - Absence of 2 days or less

I notify the CNS by telephone (+352 2757-4800).

With certificate - Absence of more than 2 days

Online

I use the ‘Declaration of incapacity for work to the CNS’ form.

I access the form in order to declare my incapacity for work

By post

I send my certificate of incapacity for work by post to the following address (without postage from Luxembourg):

  Caisse nationale de santé
  Indemnités pécuniaires
  L-2980 Luxembourg

What are the penalties imposed?

Failure to submit a certificate of incapacity for work

If I fail to send my certificate of incapacity for work to the CNS, the latter will send me a letter asking me to fulfil my obligation. Important! In the event of a repeat offence, the CNS may, under article 447 of the Social Security Code, impose a fine of up to €750.

Falsifying a certificate of incapacity for work

Warning! Any suspect certificate is reported for investigation by the CNS department responsible for processing medical certificates to the department dedicated to combating abuse and fraud.

Good to know: any modification of the data in the sections reserved for the doctor, by the insured or by a third party, exposes the latter to a fine, the invalidity of the certificate and the reporting of the events to the State Prosecutor.

The certificate is null and void in all cases. However, the amount of the fine depends on the seriousness of the offence:

  • Modification of data relating to a period of less than or equal to three days of incapacity for work: 200 euros
  • Modification of data involving more than three days' incapacity to work: 500 euros
  • Repeat offence, regardless of the length of time involved: 750 euros

Further information

I refer to the questions and answers below.

What must my employer declare?

My employer must declare my employment in their private household to the Joint Social Security Centre (CCSS).

If I am unable to work, my employer must declare the hours of absence to the CNS in order to obtain reimbursement.

To find out all about the employer's obligations and rights in the event of their domestic employee's incapacity for work, I click on : Employer - Sickness declaration for staff in a private household.

Continued salary or financial compensation?

If I am ill or absent from work to care for my sick child, my employer will continue to pay my salary. My employer will be reimbursed for my salary upon declaration to the CNS.

In the event of prolonged incapacity for work, the CNS will inform my employer of the date on which the financial compensation will take over from the salary paid by my employer.

Good to know: dispensation from work due to pregnancy, maternity leave and adoption leave are compensated directly by the CNS from the first day of absence.

How to send my certificate of incapacity to the CNS?

Contact us

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