Authorised absences from home when on sick leave

In the context of incapacity for work, the National Health Fund (CNS) may carry out administrative controls to verify that I am complying with the obligations associated with my incapacity for work, in particular:

• the exit times;
• the place of residence declared during my incapacity for work.

Administrative control does not apply to pregnant women (maternity leave or exemption from work), adoption leave, leave for family reasons, family hospice leave, persons undergoing spa treatment or persons benefiting from a progressive return to work for therapeutic reasons (RPTRT).

The controls are carried out by sworn control officers authorised by the CNS.

These officers must be able to present a service ID at any time upon request to prove their authority to carry out these controls.

• Control times: Control officers may visit between 8 a.m. and 9 p.m.
• From the first day: An administrative control may take place from the first day of my incapacity for work.
• Possible locations: Controls may be carried out at my home, but also in public places, with no time restrictions applying to the latter.
• Multiple checks: The control officer may make several visits on the same day if necessary.

Important information

Even if a foreign medical certificate (from France or another country) allows permitted exits, I must comply with the rules laid down in the CNS statutes, which take precedence in Luxembourg. Therefore, any absence outside the hours authorised by the CNS will not be considered valid, even if the foreign certificate provides for other hours.

If I am entitled to hours of absence in accordance with the CNS, no controls will be carried out during these authorised hours.

For more details on the rules governing hours of absence, please refer to tab 3, ‘Authorised absences from home’.

The role of the control officer is to ensure that I comply with the administrative obligations associated with my incapacity for work, in particular:

• the permitted hours of absence,
• the location that I have reported to the CNS.

The control officer never enters my home: they simply check that I am present at the address provided (place of residence or temporary place of residence).

If I am present, the control officer draws up a certificate of presence, which I must sign.

The control officer may also ask me to present identification to confirm that the person opening the door is indeed the insured person in question.

To ensure that the check runs smoothly, I must ensure that the control officer can reach me, for example by making sure that the doorbell is working or that all other usual means of access to my home are functional.

The control officer is not a doctor and does not assess my state of health. The medical assessment is the sole responsibility of the CMSS and is carried out only after a summons.

If I am not at home at the time of the visit, the control officer will leave a notification together with a response form, asking me to justify my absence in writing within three working days. The date of dispatch of this notification shall be deemed to be the relevant date.

If I have doubts about the identity of a person claiming to be a control officer, I can always contact the CNS to verify their legitimacy.

It is important to remain vigilant, but in any case, control officers are required to show their service ID.

Yes, administrative controls can also take place outside Luxembourg, namely in France, Belgium and Germany.

An administrative control can be requested by my employer using a form provided for this purpose.

It is important to note that this is not a medical control.

If I am self-employed or a freelancer and have reported incapacity for work, I may be subject to administrative controls from the first day of incapacity for work under the same conditions as employees.