Declaration of being unfit for work
In the event of illness, you must declare your incapacity to work to your health insurance company within the following deadlines:
| Employees | 28 days |
| Workers | 14 days |
| Unemployed people | 3 days |
| Self-employed (from 01/01/2016) | 7 days |
| Relapse | 48 h |
| Extension (from 01/01/2016) | 48 h |
Warning:
Recognition of incapacity for work for the self-employed can only be made from the date of signature of the certificate by the GP, we therefore advise self-employed persons incapacitated for work to go to their GP on the first day of illness.
In the event of an extension to your incapacity for work, it would be preferable to go to your doctor before the end of the initial certificate, to avoid a negative financial impact as well as an administrative burden.
However, we advise you, if in doubt, to send your medical certificate directly...
Any delay may cause you a financial loss representing 10% of your compensation.
Unfit to work compensation
During the first year of incapacity for work, you will be compensated at the rate of 60% of the gross wage evaluated in days.
Since January 1st 2021, from the 1st day of the 5th month of incapacity, a minimum per day may be granted to you from the fourth month of incapacity. This minimum will, however, be limited to your lost wage if this is lower.
Other minimums, depending on your professional past and/or your family situation, apply from the 1st day of the 7th month of incapacity.
The amount of incapacity for work compensation is limited to a maximum amount (for more information, please consult the table of amounts)
If you are unemployed, your compensation will correspond to the amount of your unemployment benefits during the first 6 months unless the amount of unemployment benefit is greater than the amount of primary work incapacity (in this case we apply the incapacity for work sum). From the 7th month of incapacity for work, the amount of your compensation will possibly be increased to guarantee you a minimum compensation.
Disability
After one year of being unfit for work, you will obtain invalidity status.
In addition to a revision of the rate of your compensation (65% for the head of household, 55% for the single person, 40% for the cohabitant), this status allows you to obtain the right to Supplemented Refunds as well as certain other benefits (tax reduction, certain municipal taxes, etc.).
In addition, you no longer need to submit a medical extension certificate.
Back to work?
What are possibilities for returning to work?
Warning:
Any combination of unfit for work or disability benefits and unemployment benefits or professional income is strictly prohibited! The ban also applies to any accumulation with compensation or a contract termination bonus, compensation following a work accident, compensation from the Occupational Illness Fund in the private sector or any other organization for the public sector, compensation following a common law accident.
f we find that you have combined both, you will not only have to repay the entire compensation received but you also risk being excluded from the right to compensation and/or suffering a significant administrative penalty.
Good to know;
Back to work:
- If you are cured of your illness and you wish to return to work or unemployment before the end of the period covered by your medical certificate, please inform the health insurance company of your return to work within 8 days using a specific form or ask your unemployment fund to confirm your recovery using the recovery form or electronically.
Back to work part-time:
If you wish to partially resume an activity during your incapacity to work or disability, you must seek approval from the medical advisor no later than the first working day immediately preceding the return to work. However, you should not wait for approval from the medical advisor to begin your activity. Even if you wish to work as an unpaid volunteer, you must notify your health insurance company and have the agreement of the medical advisor. In the event of resuming a part-time professional activity, the amount of your compensation will be revised according to the remuneration received for this activity.
In the event of a late request you will be penalized. The penalty differs depending on the deadline for submitting this request. In fact, if the request is submitted within 14 days following the resumption of part-time activity, a fine of 10% will be applied to the compensation which you will be paid for this period. If you submit your request after 14 days, a fine of non-payment of compensation will be applied for the entire period.
You want to end your part-time activity, three scenarios may arise: a provisional end, in this case, for the month in which you did not work, the certificate issued by your employer will mention this and compensation will be paid to you in full; a definitive end following the worsening of your state of health, in this case send the part-time activity termination certificate duly completed and signed to the medical advisor and finally a definitive end for full-time resumption of your activity in this case send the return to work certificate duly completed and signed by your employer to your health insurance. Your incapacity for work will be terminated.
Our advice:
You must always notify your health insurance company of any change in your situation, whether family (marriage, separation, cohabitation), professional (resumption of your activity, dismissal during incapacity, etc.) or financial (granting of an accident pension). work or occupational illness...).
A small oversight on your part can result in heavy penalties...
Do not hesitate to contact us if in doubt...