Social Security & Cross-Border Rights
Reaching 78 weeks of sickness benefits in Luxembourg: consequences and next steps
A letter announcing that sickness benefits are approaching their end should be reviewed promptly. It may affect both your income and your employment contract. The priority is to verify the date, understand the nature of the letter and prepare steps that actually correspond to your health and employment situation.
Understand the CNS calculation
The maximum benefit duration is assessed over a reference period of 104 weeks, with a limit of 78 weeks. It therefore does not necessarily involve one continuous period of absence. The CNS takes the relevant periods of incapacity into account and may send a projected end date if the absence continues. [1]
Organise certificates, periods of return to work and calculations. If a date appears incorrect, identify the precise interval in dispute and ask for an explanation of the calculation. Do not replace the administrative calculation with a rough addition of months absent.
Check the consequences for the contract
The ITM states that the contract ends automatically when entitlement to cash sickness benefits is exhausted. This automatic ending does not require dismissal with notice. It must be distinguished from termination decided by the employer. [2]
Deal separately with the CNS letter, the contractual situation and final employment payments. Ask which documents the employer intends to provide and check outstanding amounts without assuming that the usual dismissal payments automatically apply.
Do not wait for another decision without following up
The start of a vocational redeployment procedure does not mean exhaustion of entitlement is suspended. The ITM explains that the contract may end before the Joint Committee’s decision; a properly initiated referral may nevertheless allow the procedure to continue and a decision on external redeployment to be made. [3]
To prepare the assessment, gather proof of applications already filed, invitations and decisions received. An invalidity pension, redeployment and health coverage do not have the same conditions. Identify the competent body for each question and check the status of each file.
Build a timetable for the steps to take
Prepare a page showing the announced entitlement end date, pending decisions, missing documents and people contacted. Add notification dates and the stated remedies. This organisation prevents a payment-related step from obscuring a separate decision about employment or a benefit.
Also identify immediate needs: ongoing treatment, co-insured dependants and any change of residence. This information helps assess possible continuity arrangements without promising they will be granted.
Does a new medical extension reset the clock?
The calculation is based on the reference period. Do not assume a new certificate automatically creates a new full entitlement period.
Can I wait for the final payment before acting?
It is better to prepare the file from the first information about the end date, so that dates and remaining options can be checked.
KM Legal can assess the interaction between the end of benefits, the contract and social security decisions, as well as possible challenges.
Sources and references
Institutional sources consulted on 6 November 2026.
- CNS — Duration of sickness benefits
- ITM — End of the contract after prolonged illness
- ITM — Entitlement expiry during a redeployment procedure
Further reading
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