Insured persons are requested to use only the forms provided to them by their doctor, in accordance with the agreement reached between the UCM (Union of Sickness Funds) and doctors. This form consists of three sections and must include the following:
- the dates of commencement and termination of the period of incapacity for work;
- the diagnostic code;
- the date of the medical assessment.
The insured sends the first section of the form (the original) to the CNS.
Since it is not always possible for cross-border workers to have the incapacity certificates submitted to the CNS (National Health Fund) in the way stipulated in the CNS statutes, here are some recommendations to make declaration easier:
French border-workers : no major problem here, since the French notice of cessation of work includes both a section 1 (to be sent to the CNS) as well as a section to be sent to the employer.
German border-workers : no major problem here, since the German notice of cessation of work («Arbeitsunfähigkeitsbescheinigung » ) includes both a section 1 (to be sent to the CNS) as well as a section to be sent to the employer.
Belgian cross-border workers : as the majority of Belgian certificates consist of one section only, it is advisable to request a duplicate from your doctor to be submitted to your employer.
The 13 digits luxemburgish matricule number must be indicated on every correspondence.
Deadlines for declaring incapacity for work
The doctor's finding should be sent to the CNS before the end of the third working day that the insured has been on sick leave as a result of that finding (the date of the postmark is noted as proof of date of submission).
If incapacity for work extends beyond the initial period fixed, a form to this effect must be sent to the CNS before the end of the second working day, in other words the day which would have been the second working day following the employee's return to his/her job if incapacity had not been extended.
If the submission deadline falls on a Saturday, a Sunday or a public holiday, it is extended to the next working day.
Occured while abroad
Two different sets of circumstances need to be distinguished:
Stay in a member state of the European Union or in a state with which the Grand Duchy has reached an international agreement on social security matters
The insured person must send the certificate of incapacity for work to the CNS before the end of the third working day that the insured has been on sick leave as a result of the doctor's finding. The date of the postmark is noted as proof of date of submission.
Stay in a a state not linked to the Grand Duchy by any international accord or protocol establishing the procedure to be followed in the case of incapacity for work or the extension of a period of incapacity for work
The insured person must send a medical certificate to the competent national health fund in Luxembourg within three days (the date of the postmark will be noted as proof of date of submission).
Penalties in case of a failure to make a declaration
If the insured fails to submit any medical certificate to the CNS during the course of the legal or customary remuneration period, he or she will be requested in writing to do so.
In the event of a repeated failure to submit documents, the CNS can impose a fine in accordance with article 447 of the Social Security Code (the fine cannot exceed 750 €).
The submission of a medical certificate is not required in the case of incapacity for work extending over one or two working days only. In the case of such short periods of incapacity for work, the insured person is not obligated to telephone the CNS but is obligated to inform their employer.