D6a22 - What is the period for which wages should continue to be paid?

An employee who is incapable of working is entitled to full maintenance of his wages and other advantages deriving from his employment contract until the end of the calendar month in which falls the 77th day of incapacity for work during a reference period of 12 successive calendar months (18 months as from 1 January 2019 pursuant to the Law of 10 August 2018).

Thereafter, responsibility for the employee is taken over by the National Health Fund (CNS).

Remuneration of the employee again becomes the responsibility of the employer at the start of the month in which, after deduction of the days for which the CNS is responsible, the reference period of the last 12 months (18 months as from 1 January 2019 pursuant to the Law of 10 August 2018) records a total of less than 77 days of sickness.

If on the 1st day of the month, the cumulative number of days of incapacity for work borne by the employer, over a reference period of 12 months (18 months as from 1 January 2019 pursuant to the Law of 10 August 2018) is:

  • at ≤ 77 days, responsibility is taken over by the employer.
  • at > 77 days, responsibility is taken over by the CNS.

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