[COVID-19] Vulnerable Persons, Child Care : Clarifications on the transition from Covid-19 work stoppage to partial activity
Updated information, as of the date of publication of this article
Law No.°2020-473 of 25 April 2020 provides that certain employees benefiting from a special leave for childcare or as a precautionary measure under covid-19 will switch to partial employment as of 1 May 2020.
Decree No.°2020-521 of 5 May 2020 defines the criteria for identifying vulnerable employees benefiting from the partial activity in this framework.
Who are the employees concerned by the changeover from the work stoppage scheme to the partial activity scheme?
These are employees under private law covered by the general scheme, the agricultural scheme or a special social security scheme who are unable to continue working (no teleworking solution,) for one of the following reasons:
- I. The employee is a vulnerable person at risk of developing a severe form of infection with the SARS-CoV-2 virus, i.e. meets one of the following criteria:
- 1° To be 65 years old and over;
- 2° Have a cardiovascular history (ATCD): complicated arterial hypertension (with cardiac, renal and vascular-cerebral complications), ATCD of cerebrovascular accident or coronary artery disease, heart surgery, heart failure stage NYHA III or IV;
- 3° Have an unbalanced diabetes or presenting complications;
- 4° To present a chronic respiratory pathology likely to decompensate at the time of a viral infection: (obstructive bronchopneumopathy, severe asthma, pulmonary fibrosis, sleep apnea syndrome, cystic fibrosis in particular);
- 5° To present a chronic renal insufficiency on dialysis;
- 6° To be suffering from progressive cancer under treatment (except hormone therapy);
- 7° Be obese (body mass index (BMI) > 30 kgm2);
- 8° Have congenital or acquired immunosuppression:
- drug: cancer chemotherapy, immunosuppressive therapy, biotherapy and/or corticosteroid therapy at immunosuppressive doses;
- uncontrolled HIV infection or with CD4 < 200/mm3;
- following a solid organ or hematopoietic stem cell transplant;
- related to a malignant hemopathy in the course of treatment;
- 9° To have cirrhosis at least at stage B of the Child Pugh score;
- 10° Present a major sickle cell syndrome or have a history of splenectomy;
- 11° Being in the third trimester of pregnancy.
- II. The employee shares the same residence as a vulnerable person;
- III. The employee is the parent of a child under the age of sixteen or of a person in a handicapped situation who is subject to a measure of isolation, eviction or home support (including the absence of a childcare or care solution).
Employees infected with Covid-19 or suspected of being infected or asymptomatic but “in close contact” continue to benefit from work stoppages compensated by the health insurance fund under the previous conditions.
What are the conditions to be able to benefit from the partial activity in this framework?
According to the question-and-answer circulated by the Government, the employer of employees belonging to one of the three above-mentioned categories benefits from the partial activity allowance for these employees, even if his activity is not affected by the current health crisis and he does not benefit from the partial activity allowance for his other employees.
The relevant employees benefit from a partial activity allowance paid by the employer under the legal and regulatory conditions in force.
However, they cease to receive daily social security allowances and any additional compensation paid by the employer.
How to implement the changeover from work stoppage to partial activity?
Exceptional work stoppages compensated by health insurance shall be discontinued as of 1 May 2020. Therefore, the relevant employees no longer need to declare a work stoppage to the health insurance fund.
The employee was on sick leave for childcare:
If the employer is unable to resume its activity on 1 May 2020, the employer will have to declare the resumption of activity in the DSN if the stoppage is still in progress on 1 May 2020 and implement the partial activity procedure.
According to the Minister of Labor, Muriel Pénicaud, the employee will have to provide an attestation from the school as of June 2, 2020 to continue to benefit from this scheme.
The employee was granted sick leave as a precautionary measure (vulnerable person and close relative living in the same home):
If he cannot resume his activity on 1 May 2020, he must provide his employer with an isolation certificate (issued by the health insurance or a town doctor).
The employer will then have to declare the resumption of activity in the DSN if the stoppage is still in progress on 1 May 2020 and implement the partial activity procedure.
How much time does the employer have?
A question-and-answer issued by the government states that the employer must complete its pre-application for a partial activity within 30 days from 1 May on the government’s website: https://activitepartielle.emploi.gouv.fr/aparts/.
We advise employers to issue a memo to invite the following employees:
- – vulnerable employees,
- – employees sharing the same residence as a vulnerable person or a parent of a child under the age of sixteen or a person with a disability
- – employees who are subject to isolation, eviction or home-care measures (including the absence of a care or custody solution).
who would be unable to work to manifest themselves and thus enable the request for partial activity to be carried out quickly.
We remain available to assist you in the implementation of this system (memorandum, consultation of the ESC, information of the staff, request for partial activity on the government site, etc.).
Decree No. 2020-521 of 5 May 2020 defining the criteria for identifying vulnerable employees at risk of developing a serious form of infection with the SARS-CoV-2 virus and who may be placed in partial employment pursuant to Article 20 of the Amending Finance Law no. 2020-473 of 25 April 2020 for 2020