Who and when to inform when I get sick?

You must inform your employer – in theory, your line manager and HR – on the very first day of your absence. We recommend you not wait until you have seen the doctor to do it, but when the office opens or within half an hour of the time you are due to work. Do not forget to notify your employer by email. By doing so, you have a written proof that you informed your employer in due time.

When do I need a medical certificate?

A medical certificate is mandatory for absence of three days or more. If your sick leave lasts only one or two days, the law is unclear. You can be exempt from delivering a doctor’s note, but you must be able to justify any absence, even if it is only for a few hours. In practice, many employers – and the National Health Fund (Caisse Nationale de Santé - CNS) - do not require a doctor’s note to be produced, but we advise you to be careful with this. If in doubt, visit your doctor immediately, get a certificate, no matter the duration of your absence, and send it by registered post with acknowledgment of receipt to your employer. You have three days to do so, even if you are off for less than three days.

If you are absent for three days or more, you must ensure that your employer AND the National Health Fund have received your medical certificate on the third day of your illness at the latest. In the event of urgent hospitalization, the deadline is increased to the eighth day. Because of the reduced activity of the postal services due to the COVID-19, you can exceptionally submit your certificate of incapacity for work by email to the CNS – - if you live in France and Belgium.

Can I go out while on sick leave?     

No, you are not allowed during the first five days of your illness, even if your medical certificate indicates otherwise. If you are not living at the address registered with the CNS, the place of convalescence must be mentioned on the doctor’s note. The only exceptions to this rule are medical appointments and food (provided that the CNS is notified in advance).

From the sixth day, you may leave your home between 10.00 and 12.00 and between 14.00 and 18.00. Even during these hours, you cannot do whatever you like: no sports activities, no activity which is not compatible with your state of health, no visiting bars and restaurants except to have a meal and provided that you have previously informed the CNS (as from the first days of incapacity for work) by using .    

Of course, you cannot stay abroad overnight while on sick leave for holidays or even the weekend. However, you can send to the CNS for exceptional reasons (death of a close relative, birth of a child, serious illness, right to palliative care, etc.).

Can I be checked when I am ill?

No matter what country you live in, the CNS may send an inspector to check that you are present during the hours you are not permitted to go out. This surprise check can occur anytime between 8.00 and 21.00 at the initiative of the CNS or your employer’s request. A calling card will be left in your letterbox if you are absent. You have three working days to explain your absence on this card. After that, if appropriate, the CNS has the right to cancel your leave.

Your employer may also require an additional medical examination and instruct you to visit a doctor of its choice (at his own expense). If your employer’s designated doctor declares you fit for work, your employer may then call for a third opinion from another doctor of his choice. The third opinion will be applied. In the same logic, to protect the financial interests of the CNS, the Social Security Medical Inspectorate can invite you by letter to a meeting. Attendance at this meeting is mandatory, or your sick leave is cancelled.      

How does it work if I am sick during my holidays?

You can get your days back, provided that you inform your employer without delay and submit a medical certificate to him and the CNS within three days. The days covered by the certificate will then be considered sick days.  

What happens if I am ill for a long period?

You continue to receive your usual salary. Your employer pays you until the end of the month in which the 77^th day of sick leave falls, during a reference period of 18 successive months. After the 77^th day, the CNS takes over your sick pay for 78 weeks, during a reference period of 104 weeks.  

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Or certain persons depending on your company’s rules of procedure or your employment contract.