Covid work stoppage: positive, Ameli, shortage, salary

A positive case at Covid that cannot telework may require the interruption of the Covid work, without a waiting period until 31 December 2022. How to obtain it and apply? Online on your Ameli account? From the MSA? What about contact cases? What compensation? What salary?

Positive case for Covid and under certain conditions (not being able to telework for example), can benefit from a work stoppage Covid (or Covid sick leave) allowing for compensation. The insured benefits from work interruption and daily allowances (IJ). These IJs are paid without verification of the conditions of opening the rights e with no waiting period until 31 December 2022, according to the law of 23 December 2021 on the financing of social security for 2022; and without being counted in the maximum payment terms. Who can apply for Covid sick leave? What are compensation depending on your situation? What is the waiting period? The duration of the stop? What are the procedures? The conditions according to the profiles? The rules in force.

Definition: What is a work stoppage for Covid?

When his health does not allow him to work or telework, sick leavealso called interruption of work due to illness, can be prescribed by a doctor. This interruption of work must then be addressed to your 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 interruption of work.

What work stoppage for a positive Covid case?

In the following situations, subject to compliance with the conditions, the person benefits from work interruption and daily allowances. These IJs are paid without verification of the conditions for the opening of rights, without a waiting period and without being counted in the maximum duration of the payment. Employees benefit from the employer surcharge. Eligible for a Covid job stoppage:

  • People with a positive Covid test who cannot telework
  • People with symptoms indicative of Covid who cannot telework, awaiting the results of their Covid test. An interruption of work can be provided to them pending the results, if they cannot telework, on the site declar.ameli.fr.
  • Travelers subject to an isolation placement measure and those unable to telework can benefit from a work break compensated by health insurance.

From 21 March, contact cases are no longer required to isolate themselves, vaccinated or unvaccinated. There is therefore no no reason to ask for work to be interrupted. The interruption of work can only take place if you test positive for the Covid screening test or if you have symptoms indicative of Covid and want to take the test. In this case, and if you cannot telework while waiting to take your test, you can request a break from work.

► If you are in touch and have questions, you can contact the contact tracking teams at 09 74 75 76 78 from 8:30 to 17:30

What work stoppage for an unvaccinated Covid positive case?

As soon as one is positive for Covid and the other is not he cannot telework, you can request the interruption of work on Ameli.fr. Positive cases the unvaccinated should self-isolate for 10 or 7 days if they have a negative test at the end of this period. If your health requires a longer work break, you will have to seek a doctor in order to assess the necessity and prescribe the extension of this interruption of the works. Like any work stoppage, and if your employer does not practice salary maintenance in the event of sick leave, the payment of work stoppages is conditional on receipt of the salary items from your employer.

What work break to take care of a child?

The interruption of childcare is only open during the school period and cannot concern compared to parents of minors under 16 or disabled children without age limits. He it also affects only parents who cannot telework.

If you are in contact with your child who has tested positive for Covid (confirmed case) under the age of 16, you can request a derogatory work interruption for the duration of the child’s isolation: up to 7 days after the onset of symptoms or the date of the positive result if the child has no symptoms, up to 10 days for an unvaccinated child aged 12 to 16 years or none age limit for disabled children (a check will be made by the health insurance). The interruption of work must be declared on the teleservice set up by the Health Insurance or the Mutualité sociale agricultural (MSA).

L’the interruption of work is compensated without verification of the legal conditions, without a waiting period and not taken into account in the maximum payment terms, at the latest until December 31, 2022. It is also subject to a surcharge from the employer. Before proceeding with the payment of daily allowanceshealth insurance will verify that the policyholder is identified as a risky contact case. If agreed, a certificate of isolation equivalent to work interruption will be addressed to him, can be presented to the employer.

► For civil servants: when they cannot telework, civil servants who work more than 28 hours per week are placed on special leave (ASA) and are paid 100% of their pay.

The private sector employees who are forced to take care of their child under the age of 16 or their child with a disability due to closure for health reasons of the section, of the class or the institution that hosts the child, without being able to telework, are supported by a partial activity. Same thing if the child is a contact case and subject to isolation due to severe immunosuppression or the child is cared for by a Covid-19 positive home caregiver. Instead, the Ministry of Labor specifies it employees under private law forced to look after the child, without being able to carry out telework, cannot benefit from the benefit of the partial activity in the following cases:

  • If the closure of the section, class or institution hosting the minor is not linked to a health reason, even if mixing between classes is prohibited,
  • If the contact case of the minor is subject to a measure of isolation due to the refusal of the parents to subject him to the test;
  • If the contact case of the minor is subject to an isolation measure due to his incomplete vaccination status;
  • If the child is cared for by a maternal assistant at home in cases of contact (excluding cases of intra-family contact);
  • People with suggestive signs del Covid may request the suspension of the works a their doctor if he deems it necessary. To benefit from an immediate 4-day break from work (with no waiting period until 31 December 2022), people who cannot telework must request a derogatory interruption of work on the websiteclaim.ameli.fr (declar.msa.fr for agricultural workers).
  • In case of positive test, the insulation must be respected. Work stoppage may be required for employees who cannot telework. The doctor or health insurance provides the patient with sick leave that covers the necessary isolation period.
  • Vulnerable self-employed workers who find themselves in one of the medical situations listed by the Higher Council of Public Health can obtain work interruption from their own doctor or from the doctor of the municipality if they deem it necessary.

What is the compensation in the event of a Covid work stoppage?

The compensation conditions are not identical depending on the situation:

If you have classic sick leave: you must meet the conditions to be eligible for daily social security allowances (IJSS) in order to qualify for them. Check with your health insurance. 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.

If you have a derogatory work break: you can receive daily social security allowances (IJSS) without having to comply with the conditions for entitlement to the IJSS. 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 in 3 months prior to the interruption of work or having contributed with a salary of at least 10,302.25 euros gross (Smic in 2020) in the 6 months preceding the interruption of work. The amount of the daily allowance corresponds to 50% your basic daily salarycalculated on the average gross salary of the last 3 months prior to the interruption of work and within the limit of 1.8 times the minimum monthly salary, or 2,770.96 euros gross (based on the minimum salary as of 1 January 2020).

If you are on Covid sick leave, you do not accumulate paid leave during your layover.

What is the waiting period for a Covid work stoppage?

Daily allowances and the employer surcharge are paid without entitlement conditions e without waiting period in the following cases:

  • test positive for SARS-CoV-2 by RT-PCR, by antigen detection, or by an antigen detection self-test (provided you perform an RT-PCR test within two days of starting work cessation);
  • you have symptoms of Covid-19;
  • you must self-isolate for 7 or 10 days after returning from abroad;
  • you have to look after your children (you are on sick leave because you cannot telework or you are put into partial unemployment);
  • you are a vulnerable person (you are on sick leave because you cannot use telework, cannot benefit from enhanced protection measures in the workplace, nor be placed on partial unemployment).

The Social Security Funding Act (LFSS) for 2022 published in Official newspaper of 24 December 2021, extends the remuneration of employees in the event of a Covid work stoppage without waiting days. The extension can be extended up to a date fixed by decree or up to at the latest December 31, 2022.

How long is a Covid sick leave?

If you have classic sick leave: the duration of the break depends on the type of condition and the symptoms you have. The duration is determined by the doctor.

If you have Covid sick leave: the duration of the interruption depends on the duration of the isolation (from 5 to 10 days depending on the case).

Covid work stoppage and paid leave: what rule?

According to the law L. 3141-5, sick leave, other than those due to occupational diseases and accidents at work, do not give the right to paid leave. Consequently, Covid sick leave does not entitle you to paid leave. The employment contract is therefore suspended during non-occupational sickness leave. In other words, if you are on Covid sick leave, you do not accumulate paid vacation during your layover.

Sources:

– “Covid” sick leave without a waiting day extended until 31 December 2021. 3 November 2021. Service-public.fr

– Request for suspension of works pending the results of a Covid test: opening of a teleservice, January 8, 2021

– Sick leave: daily allowance paid to the employee, 21 October 2020, Public service

– Vulnerable people: the new list of criteria from 12 November to 13 November Public service

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