Returning to work after a long-term illness or an accident

Last update

Does this affect you?

You are eligible if:

  • you are still under an employment contract;
  • your inability to work is due to an illness, a disability or occupational strain; and
  • The Social Security Medical Board (Contrôle médical de la Sécurité Sociale - CMSS) does not consider you to be disabled.

Please note that cross-border workers are entitled to the same rights as residents.

Declaring an incapacity for work

Resuming work

The redeployment decision is authorised by the joint committee (Commission mixte), composed of:

  • the insured person's representatives at work; 
  • the employer representatives; 
  • the staff of the department for workers with reduced working capacity (service des salariés à capacité de travail réduite) at the National Employment Agency (Agence pour le développement de l'emploi - ADEM); and
  • the delegates from the Health Directorate.

If your health allows you to return to your previous role, you may return to work under the usual conditions.

If the occupational health practitioner considers that you are capable of performing your previous role, the joint committee may refuse a professional redeployment. This decision terminates your entitlement to sick pay or, where applicable, to the full accident insurance benefit, with effect from the date of your appointment with the occupational health practitioner.

Initial evaluation

After 6 weeks of being unable to work, the CMSS Medical Board will assess your situation to determine whether you are able to return to your original job.

If it is confirmed that you are unable to return to work, the CMSS will refer the matter to the joint committee and the occupational health practitioner, and will inform your employer.

Redeployment procedure

The occupational health practitioner will call you in for a medical examination.

There are 3 possible scenarios:

  • Internal redeployment: if you are found to be unfit for your current role, the joint committee may decide to redeploy you to a role better suited to your abilities within the company.
  • Refusal of redeployment: if the physician determines that you are fit for work in your current role, the joint committee may refuse a redeployment. This decision terminates your entitlement to sickness benefit or an accident insurance annuity.
  • Failure to attend the examination: if you fail to attend the medical examination without a valid reason, the joint committee may refuse a redeployment.
Redeployment of employees

Phased return to work

If you are unable to return to work full-time straight away, you can request a phased return to work for therapeutic reasons. This request is made using a standard form in which your general practitioner (GP) certifies that a gradual return to work will help improve your health.

In order to be eligible:

  • you must have been unable to work for at least one month during the 3 months preceding your application;
  • you must be on sick leave at the time of your application.

The application must be completed and signed by you and your GP, then submitted to your employer, who must give their approval; you may only return to work once the CNS has given its approval, based on a reasoned opinion from the Social Security Medical Board.

You will continue to receive sick pay during this period. A certificate of 100% incapacity for work is still required when the CNS is covering the costs.

Adaptation or redeployment?

If you are no longer able to carry out your current role due to health reasons, disability or occupational strain, but do not qualify for disability benefits, a professional redeployment may be an option.

After 6 weeks of incapacity for work, the CMSS medical board will assess your situation and, if it is established that you are unable to perform your current role, will refer the matter - with your consent - to the joint committee and the relevant occupational health practitioner, whilst also informing your employer.

The occupational health practitioner will call you in for a consultation to assess your situation.

In particular, they will give an opinion on:

  • your residual functional capacity;
  • a possible reduction in working hours;
  • a reconfiguration of your workstation;
  • whether your incapacity is temporary or permanent; and
  • the need for a possible medical reassessment.

The redeployment may be:

  • internal: that is to say, within your company, in another suitable role or under a different working arrangement suited to your residual functional capacity;
  • external: if internal redeployment is not possible, refused by the employer in the cases specified, or if you cannot remain with the company, a decision may be made to redeploy you externally within the labour market.

Adaptation of the workstation

Your employer must submit a request to the occupational health practitioner, specifying the tasks and the necessary adjustments. The occupational health practitioner then draws up a medical fitness certificate, confirming that the employer has fulfilled their obligations.

Protection against dismissal

You are entitled to special protection against dismissal from the moment the matter is referred to joint committee, and this protection remains in force for 12 months following notification of the redeployment decision.

If you are made redundant during this period, you have 15 days to apply to the labour tribunal to demand reinstatement.

Compensatory benefit

If your redeployment results in a reduction in pay, you are entitled to a compensatory benefit, which is equal to the difference between your previous salary and new salary. This benefit is subject to social security contributions and tax.

Applying for a bridging pension while waiting for external reclassification following an accident or an occupational disease that occurred on or after 1 January 2011

Useful contacts

  • National Employment Agency (ADEM)

    Address:
    Luxembourg
    Phone:
    (+352) 247 88 888
    Contact Center for job seekers
    Phone:
    (+352) 247 88 000
    Contact Center for employers
  • National Employment Agency (ADEM)

    Career Guidance Department (ADEM-OP) in the Maison de l’orientation, Diekirch

    Address:
    7, avenue de la Gare L-9233 Diekirch Luxembourg
    B.P. 7, L-9201 Diekirch
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Career Guidance Department (ADEM-OP) in the Maison de l’orientation, Luxembourg

    Address:
    29, rue Aldringen L-1118 Luxembourg Luxembourg
    B.P. 19, L-2926 Luxembourg
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Contact Centre for job seekers

    Address:
    Luxembourg
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.30, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.30, 13.00 to 17.00
    Tuesday:
    8.00 to 12.30, 13.00 to 17.00
    Wednesday:
    8.00 to 12.30, 13.00 to 17.00
    Thursday:
    8.00 to 12.30, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Diekirch Agency

    Address:
    2, rue de Clairefontaine L-9220 Diekirch Luxembourg
    B.P. 7, L-9201 Diekirch
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Differdange Agency

    Address:
    4, place Marie-Paule Molitor-Peffer L-4549 Differdange Luxembourg
    B.P. 5, L-4501 Differdange
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Esch-sur-Alzette Agency

    Address:
    1, Porte de France L-4360 Esch-sur-Alzette Luxembourg
    B.P. 289 L-4003 Esch-sur-Alzette
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Luxembourg Agency

    Address:
    13A, rue de Bitbourg L-1273 Luxembourg-Hamm Luxembourg
    B.P. 2208, L-1022 Luxembourg
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Main office in Luxembourg-Hamm

    Address:
    19, rue de Bitbourg L-1273 Luxembourg-Hamm Luxembourg
    B.P. 2208, L-1022 Luxembourg
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Questions concerning the Skills-Plang

    Address:
    Luxembourg
    Phone:
    (+352) 247 88 000
    Contact Centre for employers
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.30, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.30, 13.00 to 17.00
    Tuesday:
    8.00 to 12.30, 13.00 to 17.00
    Wednesday:
    8.00 to 12.30, 13.00 to 17.00
    Thursday:
    8.00 to 12.30, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Wasserbillig Agency

    Address:
    44, Esplanade de la Moselle L-6637 Wasserbillig Luxembourg
    B.P. 38, L-6601 Wasserbillig
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00
  • National Employment Agency (ADEM)

    Wiltz Agency

    Address:
    20, rue Winseler L-9577 Wiltz Luxembourg
    B.P. 57, L-9501 Wiltz
    Closed ⋅ Opens Monday at 8.00
    Friday:
    8.00 to 12.00, 13.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00, 13.00 to 17.00
    Tuesday:
    8.00 to 12.00, 13.00 to 17.00
    Wednesday:
    8.00 to 12.00, 13.00 to 17.00
    Thursday:
    8.00 to 12.00, 13.00 to 17.00

2 of 12 bodies shown

Ministry of Health and Social Security Social Security Medical Board (CMSS)

Address:
4, rue Mercier L-2144 Luxembourg Luxembourg
B.P. 1342, L-1013 Luxembourg
Email address:
cmss@cmss.etat.lu

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