Reminder: new provisions applicable as of 1 January 2019

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Date:
05 Dec 2018

Newsflash

By:
Dorothée David

1. The Law of 10 August 2018 published in Mémorial A no. 703 of 21 August 2018 on maintaining the employment contract in the event of illness and a gradual return to work, will come into force on 1 January 2019, with the following main new points: 

Right to sick pay limited to a total of 78 weeks 

As of 1 January 2019, the right to sick pay paid by Luxembourg’s Caisse Nationale de Santé (National Health Fund, CNS) will be limited to a total of 78 weeks, replacing the current limit of 52 weeks applicable until 31 December 2018. The employment contract will therefore automatically be terminated after 78 weeks, compensated for over a reference period of 104 weeks.

Maintenance of the salary by the employer: 77 days over a reference period of 18 months

As of 1 January 2019, the 77-day period during which the employer continues to pay an employee who is unable to work must be calculated over a reference period of 18 months, replacing the current reference period of 12 months, applicable until 31 December 2018. 

Gradual return to work for therapeutic purposes 

As of 1 January 2019, this new provision will allow the employee to submit a request to the CNS for a gradual return to work for therapeutic reasons:

  • on the basis of a medical certificate from their referring physician,
  • with their employer’s agreement,
  • as long as the employee has been unable to work for at least one month in the three months prior to the request,
  • as long as the return to work and the work carried out are recognised as encouraging improvement in terms of their health.

A gradual return to work for therapeutic reasons will be granted by a prior decision by the CNS based on the opinion given, with reasons, by the Contrôle Médical de la Sécurité Sociale. During this period of the gradual return to work, the employee will receive sick pay from the CNS. This means that the employee will be fully covered by the CNS, even if working part-time for the employer as part of a gradual return to work. 

2. Furthermore, the Reform of the supplementary pension system stipulated by the Law of 1 August 2018 (Mémorial A no. 708 of 21 August 2018) will come into force, for most of its provisions, on 1 January 2019. The main changes to the reform are summed up in our Newsflash of 31 August 2018.

3. Lastly, an increase to the minimum social wage of 1.1% is due to be introduced on 1 January 2019 by Bill no. 7381 modifying article L. 222-9 of the Labour Code, submitted to the Chamber of Deputies on 24 October 2018. The new monthly figures for the minimum social wage applicable as of 1 January 2019 if the law is voted for and comes into force on that date, can be found in our Newsflash of 13 November 2018.