Does the day of absence for sickness exist in the public service?

Verified 01 February 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Additional cases ?

In the private sector

You're a public servant

Yes, when you're on sick leave, you don't get continued treatment only from 2e day of work stoppage.

The 1er day of sick leave, called waiting day, shall not be paid.

Other compensation elements are also not paid on 1er Day off work: Residence allowance, Family Salary Supplement (FTS), New Index Enhancement (NBI), Bonuses and allowances.

However, the day of absence shall not apply to the following leave:

  • Leave for temporary invalidity attributable to service (Citis)
  • Sick leave
  • Long-term leave
  • Sick leave granted within 3 years of a 1er sick leave for the same long-term illness (ALD). Thus, in the case of successive work stoppages related to the same ALD, the waiting period applies only once during the same period of 3 years starting from 1er work stoppage related to this ALD. The 3-year period is calculated from date to date. If you suffer from different ALD, the waiting period applies, per period of 3 years, for the 1er sick leave generated by each of the ALDs
  • Sick leave granted after a declaration of pregnancy and before the start of maternity leave
  • Maternity leave and additional leave granted in case of pathological pregnancy
  • 1er sick leave within 13 weeks of the death of your child under 25 years of age or a person under 25 years of age for whom you had permanent and effective care.

The waiting day shall also not apply on 2e work stoppage if you have not returned to work more than 48 hours between 2 sick days granted for the same condition.

This is the case when the new work stoppage extends the previous stoppage and the prescribing physician has ticked the extension box.

This can happen when you try to resume your duties and you find yourself obliged to stop again 1 or 2 days later.

This can also happen if you have not been able to see your doctor on a Saturday, Sunday or a holiday next to the weekend for reasons beyond your control.

The new judgment is considered to be a relapse and an extension since the cause of the initial judgment has not disappeared.

The 48-hour period, counted in calendar days, starts running from 1er the day following the last day of the initial work stoppage.

You're contractual

Yes, when you are off work and have your index treatment maintained, it is not paid to you only from 2e day of work stoppage.

The 1er day of sick leave, called waiting day, shall not be paid.

When the work stoppage is not caused accident at work by an occupational disease or treatment, you benefit from the maintenance of your index treatment if you have a certain seniority.

And depending on your seniority, the index treatment is maintained for a more or less long time.

Tableau - Duration of maintenance of index treatment in case of non-occupational disease

Seniority

Duration of maintenance of index treatment

After 4 months of service

1 month full and 1 month half treatment

After 2 years of service

2 months at full treatment and 2 months at half treatment

After 3 years of service

3 months at full treatment and 3 months at half treatment

When you are placed on sick leave without being entitled to continued treatment, you receive social security daily allowances if you meet the conditions to take advantage of it.

This is the case if you do not have the necessary seniority or if you have exhausted your rights to maintain the treatment.

Social Security daily allowances are paid from 4e day of cessation, i.e. after a waiting period of 3 days.

When the work stoppage is due accident at work in the case of an occupational disease or an occupational disease, index treatment is maintained under the following conditions:

Tableau - Accident at work Duration of maintenance of index therapy in case of

Seniority

Duration of maintenance of index treatment

Upon taking up his duties

1 month full salary

After 2 years of service

2 months full salary

After 3 years of service

3 months full salary

At the end of the period of full pay, you receive the daily allowance from the Social Security for accident at work or occupational disease.

Accident at work Social Security daily allowances for occupational diseases or diseases are paid from 1er day off, without a 3-day waiting period.

When you are entitled to the continuation of your index salary, the waiting day does not apply to the following leave:

  • Accident at work Sick leave for accident on duty or occupational disease
  • Sick leave
  • Sick leave granted within 3 years of a 1er sick leave for the same long-term illness (ALD). Thus, in the case of successive work stoppages related to the same ALD, the waiting period applies only once during the same period of 3 years starting from 1er work stoppage related to this ALD. The 3-year period is calculated from date to date. If you suffer from different ALD, the waiting period applies, per period of 3 years, for the 1er sick leave generated by each of the ALDs
  • Sick leave granted after a declaration of pregnancy and before the start of maternity leave
  • Maternity leave and additional leave granted in case of pathological pregnancy
  • 1er sick leave within 13 weeks of the death of your child under 25 years of age or a person under 25 years of age for whom you had permanent and effective care.

The waiting day shall also not apply on 2e work stoppage if you have not returned to work more than 48 hours between 2 sick days granted for the same condition.

This is the case when the new work stoppage extends the previous stoppage and the prescribing physician has ticked the extension box.

This can happen when you make an attempt to resume your duties and you find yourself obliged to stop again 1 or 2 days later.

This can also happen if you have not been able to see your doctor on a Saturday, Sunday or a holiday next to the weekend for reasons beyond your control.

The new judgment is considered to be a relapse and an extension since the cause of the initial judgment has not disappeared.

The 48-hour period, counted in calendar days, starts running from 1er the day following the last day of the initial work stoppage.