Important: As of 1 July 2020, the measures concerning incapacity for work due to illness taken during the state of crisis have been suspended. For more information please follow this link.
The duration period of employers' obligations
An employer must continue to pay his employee in case of sick leave due to illness or an occupational accident and must do so until the end of the month during which the 77th day of sick leave occurs, during a reference period of 18 successive months.
- in the case of termination of work contract (e.g. fixed term work contract, temporary work contract, end of period of notice of termination of employment), the employer is obliged only to pay until the day when the contract was originally due to expire;
- in the above cases, benefits will be honoured for the remaining period by the CNS on condition that the insured has been affiliated for a continuous period of at least six months before severance of employment (the condition for the continuation of membership affiliation is not adversely affected by a period of interruption of fewer than eight days).
The end of entitlement to financial benefits
The right to financial benefit is limited to a total of 78 weeks for a reference period of a hundred and four weeks.
No distinction is made any more as to the nature of the sickness: all periods of personal incapacity for work on account of sickness, occupational disease or occupational accident which occur in the course of a period of reference coming to an end immediately prior to a new period of incapacity for work, are included in the total calculation.
At the commencement of each period of incapacity for work the right to incapacity for work benefit is checked to see if the limit of 78 weeks has been reached. For this purpose, the periods of personal incapacity for work for which there is a right to financial benefit from the health or accident insurance are added together. Financial benefit is no longer payable as from the day on which the total of incapacity periods exceeded a total of 78 weeks.
Where the Medical Board diagnoses permanent invalidity, the period of right to financial benefit as here described expires at the end of the month in which the invalidity was diagnosed by the medical officer.
In the case of rehabilitation (internal or external), the right to financial benefit comes to an end on the day of notification of rehabilitation by the joint committee.