Incapacity to work

  • Employee coverage
    • From 01.04.2020 to 30.06.2020:
      • Coverage of the employee by the CNS (i.e. employee directly compensated by the CNS)
      • A statement must be given to the employee (detailing the salary that would have been due by the employer during this period under the continued pay mechanism). In the event of a difference with the sickness allowance paid by the CNS, the employer must pay the supplement
    • As of 01.07.2020:
      • End of the employee’s coverage by the CNS on 30.06.2020 and recovery of the normal regime as of 01.07.2020
      • Periods of incapacity for work from 01.04.2020 to 30.06.2020 are not taken into account by the CSN for the calculation of the end of the employer’s obligation to continue to pay (77-day threshold)
      • Each employer will receive a letter from the CNS (between 15.07 and 20.07.2020) indicating who is responsible for paying the sickness allowance as of 01.07.2020
  • Calculation of the 26-week period
    • During the crisis period (from 18.03 to 24.06.2020), the 26-week period of protection against dismissal was suspended (the employer could not notify the employee of the termination of his employment contract or, where appropriate, of the invitation to the preliminary interview, except for serious reasons)
    • The fraction of the 26 weeks remaining at the beginning of the crisis resumes its course on 25.06.2020 (the day after the end of the state of crisis)
    • From the 1<st day of the 27th week of illness: the employer recovers, in principle, his right to terminate the employment contract with notice (article 2 of the law of 20.06.20201 as drafted is however subject to interpretation)
  • Calculation of the 78-week threshold
    • Entitlement to sickness allowance is limited to a total of 78 weeks in a reference period of 104 weeks
    • Periods of personal incapacity for work between 16.03 and 24.06.2020 have not been taken into account for the calculation of this 78-week threshold
  • Social security contributions
    • Extension of the suspension of default interest for late payment of social security contributions until 31.12.2020
    • No action must be taken to ask for a payment extension
    • Reminder from the CCSS: social contributions remain due. In order to avoid difficulties of payment later on, the CCSS strongly recommends the payment of the contributions
  • Extraordinary leave for family reasons Covid 19 (CPRF)
    • End of the CPRF on 15.07.2020
    • Advances: the CCSS no longer pays advances for June and July leave
    • Recovery of the usual procedure: reimbursement of the CPRF by the Mutualité des Employeurs through compensation on the social security invoice
  • Family Support Leave
    • Extension until 25.11.2020
    • The leave ends if the childcare facility notifies the Minister of the Family of the resumption of its activities or part of its activities and the availability for the user of a place in the approved service
    • The employer continues to pay the salary and is reimbursed 100% by the Mutualité des Employeurs through compensation on the social security invoice

1 Article 2 of the law of 20.06.2020 on 1° temporary derogation from certain provisions of labour law in relation to the state of crisis linked to Covid-19 and 2° modification of the Labour Code.

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