The number of Covid cases is increasing in France. Several virus-positive patients wonder if they can still benefit from Covid work leave without a waiting day. Answer.
Covid cases are on the rise in France at the start of the 2023 school year, confirmed Public Health France. THE people again positive for Covid wonder if they can still benefit from thework stopping implemented during the epidemic without waiting day ?
Covid work stoppage: what rules in 2023?
Since February 1, 2023, it is no longer possible to have so-called “exceptional” sick leave, SO without waiting period in case of Covid. This was 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 payment of the daily allowances provided by Social Security.
What stop if you test positive for Covid in 2023?
If you have a positive Covid test and your condition does not allow you to work, you can no longer request an exceptional work stoppage on the Health Insurance website. You must consult your doctor (or by video) so that he can prescribe a work stopping. Like any work stoppage, you have 48 hours to send the notice of work stoppage to your health insurance fund and, if you are an employee, to your employer. Presence at home can be monitored throughout the duration of the work stoppage.
Is there a waiting period in the event of Covid work stoppage?
Yes. A waiting period is the period which occurs between the opening of a right and the payment of benefits linked to this right. Daily allowances and the employer supplement have been paid since February 1, 2023 with a waiting period in the following cases:
- you test 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 vulnerable person (you are on sick leave because you cannot use teleworking, nor benefit from reinforced protection measures at your workplace, nor be placed on partial unemployment).
Is the salary maintained in the event of 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 a work accident or occupational illness. They are part of the category replacement income and are subject to CSG and CRDS contributions at specific rates. They are paid by your health insurance plan (CPAM, MSA, etc.) They are paid under contribution conditions with a waiting period. The amount depends on your salary. You can also receive, under certain conditions, additional compensation 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 need to look after their child and cannot telework and special authorization of absence (ASA) for childcare ended July 31, 2022. Since 1er August 2022, the common law regime (sick child leave) is back in effect. It is about even for civil servants, public officials forced to look after their child due to Covid and not being able to telework can no longer be placed on special leave of absence since 1er August 2022.
►Private law employees who must look after their child under 16 or disabled (closed care facility) can telework, in agreement with their employer. If they cannot telework, they can take sick child leave. This leave is open to any employee caring for a child under the age of 16 who is ill or injured and for whom they are responsible. Leave is unpaid, unless a collective agreement provides for it.
► The civil servants who must look after their child due to Covid and who cannot telework can no longer be placed on special authorization of absence since 1er August 2022.
► Self-employed workers who cannot continue their professional activity remotely can benefit from a compensated exceptional work stoppage:
- self-employed workers;
- non-salaried agricultural workers;
- artist-authors;
- artisans/traders;
- vocational training trainees;
- liberal professions;
- health professions;
- salaried managers;
- public law contract employees of the administration and part-time civil servants working less than 28 hours;
- childminders or child minders at home.
The conditions to benefit from it are as follows:
- THE two parents must be unable to telework;
- the child must be under 16 years old on the day the leave begins. There is no age limit for a child with a disability.
What is the compensation in the event of Covid work stoppage?
To be entitled to compensation, you must meet the conditions for entitlement to daily Social Security allowances (IJSS) to be able to benefit from them. Find out more from your Health Insurance Fund. These allowances are calculated from 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 3 months preceding the work stoppage or having contributed to a salary at least equal to 10,302.25 euros gross (based on the minimum wage for the year in force) during the 6 months preceding the work stoppage. The amount of daily allowances corresponds to 50% of your basic daily salarycalculated on the average of the gross salary of the last 3 months preceding 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 for the year in force ).
How long is sick leave in case of Covid?
As with all illnesses, the length of time off depends on the length of isolation determined by the doctor.
What rule for paid leave?
According to the law L. 3141-5sick leave, other than that due to occupational illnesses and work accidents, does not give rise to the right to paid leave. Covid sick leave therefore does not give right to paid leave. The employment contract is then suspended during non-work sick leave. In other words, if you are on Covid sick leave, you do not accumulate paid leave during your leave.