Financial benefits for employees
As an employee in Luxembourg, it is important for me to understand how to manage my incapacity for work and what my rights and obligations are.
Fortunately, the Luxembourg social security system provides protection mechanisms to guarantee the continuity of my income in the event of incapacity for work.
Everything I need to know
- Payment during incapacity
- Duration of benefits
- Amount of benefits
- Payment of benefits
Who will pay me and on what terms?
Continued payment of salary by my employer
If I am on sick leave, my employer is required to continue paying my salary until the end of the month in which I reach the 77th day of incapacity. These 77 days are calculated within a reference period of 18 consecutive months prior to the month in which responsibility for my salary payment is being determined.
Please note! These are calendar days (including weekends and public holidays) and not working days.
Conducted monthly, the 77-day check determines who is responsible for paying the salary of an employee on sick leave for the following month.
My payments from the CNS
On the advice of the CMSS, the CNS will pay my sick days directly for a month if my employer has paid for at least 77 sick days in the 18 months immediately preceding that month. My employer suspends payment of my salary when informed of the change in payment obligation and the start of the CNS's payment of benefits.
Good to know
- The CNS establishes my total incapacity for work on the basis of the monthly declarations made by my employer and the medical certificates I send it. It is therefore important that these declarations are made correctly and without delay to determine whether my salary is paid by my employer or by the CNS.
- In the event of a change in the payment obligation, the CNS will inform the employee and the employer.
Salary paid by the employer or by the CNS? Here's a case study to help you understand!
In December 2024, I am unable to work. Is my employer or the CNS responsible for paying my incapacity?
To find out, the CNS checks whether my employer has paid for at least 77 days of incapacity for work over the previous 18 months, i.e. from June 2023 to November 2024.
- If the threshold is reached, my employer stops paying me and the CNS takes over by paying a benefit.
- If the threshold is not reached, my employer will have to pay me my salary for the month of December 2024.
What are the special cases?
End of my employment contract
If I am on a temporary or fixed-term contract, or at the end of a notice period for redundancy, the employer will only pay me until the end of the contract.
Termination of affiliation
My entitlement to incapacity benefit is maintained under the following conditions:
- Disaffiliation occurs after 6 months of continuous affiliation (although a break of less than 8 days is permitted);
- During the period of incapacity for work, I am not receiving remuneration for professional activity or replacement income. In this case, I must produce a sworn statement using a standard form sent by the CNS.
Maternity leave, dispensation from work and adoption leave
If I am on maternity leave, if I have been granted dispensation from work in connection with my pregnancy or if I am on leave to welcome my adopted child, my employer will suspend payment of my salary but I will receive my remuneration (cash benefit) from the CNS from the first day I am absent from work.
How long will my benefit last?
Declaration of aptitude for work
If the Social Security Medical Board (CMSS) deems me capable of working, the CNS will inform me in writing. This decision means that for certificates of incapacity for work issued during the following twelve weeks, the CNS will not pay any salary if the burden of payment lies with the CNS.
However, if I obtain a certificate due to a new medical fact, justified in detail by the prescribing doctor, this certificate may be taken into account by the CNS.
Suspension of entitlement to sick pay
The CNS may suspend payment of my benefits/salary in particular if:
- I fail, without good reason, to attend a summons from the CMSS;
- I fail, without good reason, to attend a medical examination as part of a redeployment procedure;
- I am travelling abroad without prior authorisation from the CNS;
- I am in detention.
Duration of entitlement to financial compensation
Entitlement to sick pay from the CNS is limited to a total of 78 weeks for a reference period of 104 weeks.
Please note! All periods of personal incapacity for work due to illness, occupational illness or industrial accident occurring during the reference period are taken into account. Periods of maternity leave or dispensation from work are not counted.
At the start of each period of incapacity for work, it is checked, for each calendar day of incapacity, whether the 78-week limit has been reached. The CNS will no longer pay for my sick days once the total duration of the periods of incapacity exceeds 78 weeks.
Good to know: as the 78-week threshold approaches, the CNS sends me a theoretical simulation of the date on which my entitlement to sick pay will end if my incapacity for work persists.
Permanent disability
If the CMSS determines that I am permanently disabled, my entitlement to sick pay expires at the end of the month in which the CMSS medical officer determines that I am permanently disabled.
Professional reclassification
If I benefit from a professional reclassification (internal or external), my entitlement to sick pay ends on the date of notification of the decision by the joint reclassification committee (commission mixte sur le reclassement).
How are my benefits calculated?
The sick pay provided in the event of incapacity for work consists of:
- A basic allowance;
- In certain cases, additional supplements and accessories.
Basic salary
The basic allowance typically corresponds to my highest basic salary during the three months preceding the start of payment of sick pay by the CNS.
Good to know: basic salary includes those elements of salary which are paid monthly in cash and which are not considered as supplements and accessories.
However, a basic salary cannot always be determined in this way.
For example, when there is no month entirely covered by an activity subject to contributions (for example, in the case of a temporary employment contract). In this case, the value agreed in the employment contract is used.
In addition, in the case of apprentices, for example, the apprenticeship benefit is used as the basis for calculating sickness benefits.
Complements and accessories
This is cash remuneration paid on a monthly basis, but the amount may vary from month to month, such as a productivity bonus.
The CNS determines the amount by calculating the average of the sums paid in this respect during the 12 calendar months preceding the month prior to the start of the incapacity for work.
If this reference period is not fully covered by an activity subject to contributions, the average is calculated on the basis of the month or months that were fully covered.
What is not taken into account when calculating my benefits
To determine the amount of my benefits, the CNS will not take into account the following salary elements:
- Overtime, even if it was regularly worked before the period of incapacity for work, and initially scheduled for the period during which I am incapacitated for work;
- Gratuities or occasional benefits ;
- Remuneration in kind such as company accommodation, company car, meal vouchers, etc.
I would like my benefits to be corrected
I can ask the CNS to recalculate my sickness benefits for a period of one month if I find, for the month in question, a difference in income caused by different calculation methods used by my employer and the CNS.
I download the PDF Request for recalculation of a sickness benefits and attach to my request the detailed statement of the part of my salary paid by my employer for the month in question.
Age limit
Sick pay is no longer paid after the age of 68.
Minimum and maximum benefits
The monthly sickness benefits cannot:
- Be lower than the minimum social wage, unless there is a legitimate reason for exemption or reduction. In the case of part-time work, this threshold is established on the basis of the hourly social minimum wage.
- More than five times the social minimum wage.
If you carry out several activities of a different nature, whether salaried or self-employed, the various sickness benefits may be accumulated up to a maximum of five times the reference minimum social salary. If this threshold is exceeded, the benefits are reduced proportionally.
Proportional reduction in compensation when the maximum threshold is exceeded: a case study to help you see things more clearly!
If we take into account the Minimum Social Wage (SSM) on 1st January 2023 (= €2,387.4), the threshold (SSM x 5) is €11,937.0.
If I accumulate 3 earnings :
- 1st remuneration: 6.000,0 €
- 2nd remuneration: 5.000,0 €
- 3rd remuneration: 4.000,0 €
> Total remuneration : 15.000,0 €
The threshold is exceeded by €3.063,0 (i.e. €15.000,0 - €11.937,0) which is equivalent to a reduction rate of 20.42% which, once applied, gives the following amounts:
- 1st remuneration:4.774,8 €
- 2nd remuneration: 3.979,0 €
- 3rd remuneration: 3.183,2 €
> Total reduced remuneration: €11.937,0 = maximum threshold.
Timetable for payment of cash benefits
Cash benefits are typically paid at the end of each month. However, due to technical reasons, payments are often made in advance and on varying dates from month to month.
The table below outlines the different payment dates:
Month | File closing date |
Date of transfer |
---|---|---|
01/2025 | 23.01.2025 | 27.01.2025 |
02/2025 | 24.02.2025 | 27.02.2025 |
03/2025 | 24.03.2025 | 27.03.2025 |
04/2025 | 24.04.2025 | 28.04.2025 |
05/2025 | 22.05.2025 | 26.05.2025 |
06/2025 | 24.06.2025 | 30.06.2025 |
07/2025 | 24.07.2025 | 28.07.2025 |
08/2025 | 25.08.2025 | 28.08.2025 |
09/2025 | 25.09.2025 | 29.09.2025 |
10/2025 | 23.10.2025 | 27.10.2025 |
11/2025 | 24.11.2025 | 28.11.2025 |
12/2025 | 18.12.2025 | 22.12.2025 |
Other institutions involved
The Social Security Medical Board (CMSS) is a separate administration from the CNS.
One of the CMSS's tasks is to assess the state of health of insured persons in connection with the granting of health insurance benefits by the CNS.
The Medical Board also issues medical opinions for the Caisse Nationale d'Assurance Pensions (CNAP), the Association d'Assurance Accident (AAA), ...
How do I send my sick leave to the CNS?
Contact us
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