A Covid-positive person who cannot telework can request a classic work stoppage, with, since February 1, 2023, waiting days (end of derogatory stops).
[Mis à jour le 30 janvier 2023 à 15h11] From February 1, 2023, it is no longer possible to have so-called “derogatory” sick leave, So without waiting period in the event of Covid, announced the Ministry of Health in a press release dated January 28, 2023. This is the subject of a official decree published on Legifrance. Concretely, this means that work stoppages linked to a Covid infection become classic work stoppageswho have a waiting period before the payment of the daily allowances provided by Social Security. Who can claim Covid sick leave? How to get it? What are compensation depending on his situation? Is there a loss of salary? What is the waiting period? The duration of the stop? The new rules.
What is the decree that puts an end to derogatory work stoppages?
the decree No. 2023-37 of January 27, 2023 relating to exceptional work stoppages issued to people contaminated by Covid-19 puts end to the issuance of derogatory work stoppages to insured persons who are unable to continue working, including remotely, in the event of contamination by covid-19 established by an examination registered in the nomenclature of medical biology procedures in order to limit the spread of the epidemic of Covid.
Definition: what is sick leave in the event of Covid?
When his state of health does not allow working or teleworking, sick leavealso called work stoppage due to illness, can be prescribed by a doctor. This work stoppage must then be addressed to his employer and to the Social Security (CPAM) within a period of 2 days. Presence at home can be checked for the entire duration of the work stoppage.
To benefit from a work stoppage, people who cannot telecommute or work face-to-face must make an appointment with a doctor.
► In the event of a positive test, isolation is no longer systematic but is still recommended. A work stoppage may be requested for employees who cannot telecommute or work face-to-face. The doctor issues the patient a sick leave covering the necessary period until the return to work.
► Vulnerable self-employed persons who are in one of the medical situations listed by the High Council of Public Health can obtain a work stoppage from their doctor or their city doctor if they deem it necessary.
Is there a waiting period in the event of a Covid work stoppage?
Yes. A waiting period is the period between the opening of a right and the payment of the benefits linked to this right. The daily allowances and the employer supplement have been paid since February 1, 2023 with a waiting period in the following cases:
- you have tested positive for SARS-CoV-2 by RT-PCR, by antigen detection or by an antigen detection self-test (provided you do an RT-PCR test within two days from the start of the work stoppage);
- you are a contact case of your child tested positive for Covid (confirmed case) under the age of 16 or with a disability,
- you are a vulnerable person (you are on sick leave because you cannot use telework, nor benefit from reinforced protection measures at your workplace, nor be placed on partial unemployment).
No. Since March 21, 2022, contact cases are no longer required to isolate themselves, whether vaccinated or unvaccinated. There is therefore no no reason to ask for a work stoppage. The work stoppage cannot take place :
- only if you test positive to the Covid screening test
- or if you are contact case of your child tested positive for Covid (confirmed case) under the age of 16 or with a disability.
Is the salary maintained in the event of a Covid work stoppage?
Yes, but not necessarily completely. The daily allowances that you receive in the event of Covid work stoppage (under certain conditions) are paid by Social Security to employees on sick leave or following an accident at work or occupational disease. They belong to the category replacement income and are subject to CSG and CRDS contributions at special rates. They are paid by your health insurance scheme (CPAM, MSA, etc.) They are paid subject to contribution conditions with a waiting period. The amount depends on your salary. You can also receive, subject to conditions, additional allowances paid by your employer. Conventional provisions may provide for the full maintenance of your salary.
What work stoppage to look after a child?
Compensation is open to only one of the two parents
the partial activity device for employees in the private sector who have to look after their child and who cannot telecommute and special leave of absence (ASA) for childcare have ended July 31, 2022. Since 1er August 2022, the common law scheme (sick child leave) is in effect again. It’s about even for civil servants, public officials forced to keep their child due to Covid and unable to telework can no longer be placed on special leave of absence from 1er August 2022.
►Private law employees who have to look after their child under 16 or with a disability (closed reception establishment) can telework, in agreement with their employer. If they cannot telecommute, they can take sick child leave. This leave is open to any employee caring for a child under the age of 16 who is sick or injured and for whom he is responsible. The leave is unpaid, unless a collective agreement provides for it.
► If you are in contact with your child who tested positive for Covid (confirmed case) under the age of 16 or with a disability, you can ask for a work stoppage derogatory for the duration of your child’s isolation: up to 7 days from the start of symptoms or the date of the positive result if your child has no symptoms, up to 10 days for an unvaccinated child from 12 to 16 years old or without age limit for disabled children (a check will be carried out by the Health Insurance). Only one of the parents can benefit from this derogatory device. Work stoppage is compensated without verification of the conditions of entitlement, without waiting period and without taking into account the maximum durations of payment, until December 31, 2022 at the latest.
► The civil servants who have to babysit their child due to Covid and who cannot telework can no longer be placed on special leave of absence from 1er August 2022.
► Self-employed workers who cannot continue their professional activity remotely can benefit from a derogatory work stoppage compensated:
- the self-employed;
- non-salaried agricultural workers;
- artist-authors;
- artisans/traders;
- vocational training trainees;
- the liberal professions;
- health professions;
- salaried managers;
- public law contractors in the administration and part-time civil servants working less than 28 hours;
- home childminders or nannies.
The conditions to benefit from it are as follows:
- them two parents must be unable to telecommute;
- the child must be under 16 on the day the sick leave begins. There is no age limit for a child with a disability.
It’s necessary keep a document attesting to the positive test of the child or the situation of contact case of the child having to isolate himself (over 12 years old not vaccinated or having an incomplete vaccination) which must be communicated to the Health Insurance in the event of an inspection. The compensation is open to only one of the two parents of the household. It is done without verification of the conditions of entitlement, without waiting period and without taking into account the maximum durations of payment, until December 31, 2022 at the latest.
What is the compensation in the event of a Covid work stoppage?
To be entitled to compensation, you must meet the conditions for entitlement to daily social security allowances (IJSS) in order to benefit from them. Check with your health insurance fund. These allowances are calculated on the basis of your gross salary. At the same time, depending on your company, you may receive additional compensation from your employer.
To receive daily allowances from Social Security, you must at least have worked 150 hours over the 3 months preceding the work stoppage or having contributed on a salary at least equal to 10,302.25 euros gross (Smic in 2020) during the 6 months preceding the work stoppage. The amount of daily allowances corresponds to 50% your basic daily salarycalculated on the average of the gross salary of the last 3 months preceding the work stoppage and within the limit of 1.8 times the monthly minimum wage, i.e. €2,770.96 gross (based on the minimum wage on January 1, 2020).
How long is a sick leave in the event of Covid?
As with all illnesses, the duration of the stoppage depends on the duration of isolation determined by the doctor.
What rules for paid leave?
According to law L. 3141-5sick leave, other than those due to occupational diseases and accidents at work, does not give rise to the right to paid leave. The Covid sick leave does not therefore give the right to paid leave. The employment contract is then suspended during a non-professional sick leave. In other words, if you are on Covid sick leave, you do not accumulate paid leave during your stop.
Sources:
– What happens if you test positive for Covid-19? What if the test is negative? July 20, 2022, Health insurance
– “Covid” sick leave without a waiting day extended until December 31, 2021. November 3, 2021. Service-public.fr
– Request for work stoppage pending the results of a Covid test: opening of a teleservice, January 8, 2021
– Sick leave: daily allowances paid to the employee, October 21, 2020, Service-public
– Vulnerable people: the new list of criteria since November 12, November 13, Service-public