Les règles applicables aux arrêts dérogatoires jusqu’au 31 mars 2021

Decree 2021-13 of January 8, 2021, enacted pursuant to the Social Security Financing Act for 2021, allows certain categories of insured persons, identical to "contact case" employees, to receive daily and supplementary benefits from their employer without waiting periods.

These provisions will be applicable until March 31, 2021.

 

The employees concerned

These derogatory provisions are open to persons who are unable to work or telework for the following reasons:

• The insured is a vulnerable person at risk of developing a serious form of infection and cannot be placed in partial employment,
• The insured is obliged to look after his children, and cannot be placed in partial activity,
• The employee is considered as a contact case and is subject to an isolation measure (identified by the CPAM),
• The employee presents symptoms of COVID 19, provided that an antigenic or PCR test is performed within two days of the start of the work stoppage, and for the duration of the period up to the date the test result is obtained,
• The employee tests positive for COVID 19,
• The employee is placed in isolation upon arrival in the DOM-TOM for the duration of the isolation period.

 

Procedure

In practice, since January 1, 2021 (January 10, 2021 for employees who are positive or who present symptoms), the insured person declares his or her situation at the Ameli site (or at the MSA site), which then establishes a work stoppage. It is therefore no longer necessary to go to one's doctor to obtain a work stoppage.

! For employees with symptoms, once the PCR or antigen test has been performed, you must reconnect to the teleservice to indicate the date of the test and the screening location. If the test is negative, the employee can return to work. He receives a document from the health insurance company attesting to the dates accepted for work stoppage, to be given to his employer. If the test is positive, the work stoppage is extended.

If the test is negative but the employee still has symptoms, he can consult his attending physician to see with him if a work stoppage is necessary.

Finally, it is important to underline that the Internet site of the health insurance specifies that if an insured presenting signs suggestive of Covid-19 and having to take a screening test is prescribed a work stoppage by his doctor, he will be compensated under the conditions of common law (waiting period, etc.) ...

 

More favorable compensation

• Social security benefits are paid :

• without a waiting period of 3 days,
• with no conditions of minimum duration of activity,
• without taking into account in the calculation of the maximum compensation periods.

 

• The employer's legal supplement is paid :

• Without a waiting period of 7 days,
• Without seniority condition,
• Without justification of the stop within 48 hours,
• Without condition of care in the EU,
• Not taken into account in the maximum compensation periods.

! Please note ! : the more favorable contractual provisions on salary maintenance remain applicable.

These provisions come into force as of January 1 for compensation paid to employees in contact cases, and as of January 10 for employees presenting symptoms or testing positive for COVID 19.