Covid-positive child: childcare solutions

We would tend to imagine that it is far behind us, yet the Covid-19 virus is still circulating. According to the latest figures from Public Health France, as of September 12, 2022, there are an average of 17,000 cases of contamination per day, an increase in the number of contaminations of 33% over seven days. And children are not left out. The incidence rate is also rising sharply among the youngest, aged under 10 years. Nevertheless for this start of the 2022 school year, the health protocol at school has been very lightened, excluding the closure of the class to the first case of Covid-19. The Ministry of National Education and the health authorities have established a base of measures and three other levels of alert to the processes adapted to the intensity of the epidemic (green, orange, red). For the month of September, it is the “base” level which will be in force, in other words no restrictions for students in primary school, college or high school. They all attend face-to-face classes. But in case the child is positive or contact casewhat are the solutions offered to parents to keep them? Depending on your professional situation, you can either telecommute, take sick child leave or benefit from a derogatory work stoppage.

Are you employed in the private sector?

Until this summer, if your child was declared as contact case “subject to an isolation measure” or if their class or school was closed due to positive cases in coronavirusyou could still benefit from a daily compensation for partial activity. Since July 31, 2022, “the partial activity scheme for employees who have to look after their child and cannot telework has ended”, indicates the public service website.

From now on, without means of custody, parents who are private sector employees may, in agreement with their employer, telecommute when their child under 16 and/or with a disability tests positive for Covid-19. If teleworking is not possible, they are entitled to sick child leave. For this, the employee must provide his employer as soon as possible with a medical certificate attesting to the child’s illness. Namely that “leave is unpaid, unless a collective agreement provides for it”, says the Public Service. In addition, the legal duration of this leave is set at 3 days.

Are you a civil servant?

Civil servants are no exception. Them too, since August 1, 2022, can no longer claim a special leave of absence (ASA) if their child is positive for Covid-19. Like employees in the private sector, public officials can request leave of absence for childcare or sick child. The number of days granted varies depending on whether you live as a couple or alone. In principle, the statement is calculated per calendar year or if you work per school year. To benefit from it, you must also send your employer “a medical certificate or any other document justifying your necessary presence with the child.”

If you are in contact with your child who tested positive for Covid-19, and you are an employee of the private or public sector, you are entitled to a derogatory work stoppage compensatedwhich equals your cherub’s isolation time. “Up to 7 days from the start of symptoms or the date of the positive result if your child does not have symptoms, up to 10 days for an unvaccinated child aged 12 to 16 or no age limit for disabled children (a check will be carried out by the Health Insurance). Only one of the two parents can obtain it. In this case, the parent concerned will be able to benefit from daily allowances by declaring their work stoppage to the Health Insurance or the Mutualité sociale agricole, depending on their scheme.

Work stoppage compensated: for whom?

To qualify, both parents must be unable to telework and the child must be under 16 on the day the sick leave begins. There is no age limit for children with disabilities. Be sure to keep the proof of the positive test of the child or of his case-contact situation because you will have to give this document to the Health Insurance in case of control.

Are concerned by the derogatory work stoppage, without waiting period:

• the self-employed
• non-salaried agricultural workers
• the artists authors
• vocational training trainees
• liberal professions
• health professions
• salaried managers
• the administration’s public law contractors
• non-full-time civil servants working less than 28 hours
• home childminders or nannies

What are the conditions for benefiting from a compensated work stoppage?

The parents concerned are those of children under 16and no age limit for parents of children with disabilities. Parents can benefit from a compensated work stoppage without a waiting period. Before proceeding with the payment of daily allowances, the Health Insurance verifies that the insured is indeed identified as a contact case at risk. The isolation certificate can then be presented to the employer.

• Both parents cannot telecommute.
• The child must be under 16 or disabled (no age limit)
• Be positive for Covid-19, the parent being considered a contact case at risk
• Remember that schools no longer close from the first case of Covid-19. Also, if your child is a contact case, he can return to school if he presents three negative self-tests.

Until what age?

Only parents of children under 16 or disabled are concerned : parents of high school students over the age of 16, who would follow distance learning, therefore cannot benefit from it. In contrast, there is no age limit for children with disabilities.

How long can we benefit from it?

The work stoppage lasts 7 days from the notification of the Health Insurance. It may be retroactive within the limit of 4 days for the parent who spontaneously isolated himself before the date of notification. “If the test results are not known at the end of the initial shutdown, it is possible to request an extension of the shutdown within the limit of 7 additional days” specifies the government.