Work suspensions during the health crisis
Exceptional measures applicable until the August 31st, 2020.
I. Cases covered:
- Employees placed in work suspension for " care of children under 16 years of age "
- Employees placed in work suspension as "persons at risk".
- Employees on sick leave for people affected by the virus
II. What the employee receives :
- Daily allowances from the social security without any seniority condition (no condition of entitlement, decrees of the 31st of January and the 9th of March 2020)
- The additional salary calculated in accordance with legal requirements (Articles L.1226-1 and D.1226-1).
- 90% of the gross salary for 30 days and then 66.66% for 30 days, with an increase in duration according to the years of service)
- Without waiting period (Decree 2020-193 of 4 March 2020)
- Without seniority condition (Order 2020-322 of 25 March 2020 - It is not specified whether these measures are applicable before the 26th of March 2020, the date of entry into force of the Order).
- Or the conventional wage supplement if it is more advantageous
The conventional waiting period, if any, remains applicable as the texts stand at present. It will therefore be necessary to compare the totality of the additional legal and conventional compensation in order to determine the most favorable to the employee.
III. Application of the abolition of the seniority condition since March 26th on the additional salary calculated in accordance with the legal conditions.
Work suspension for care of children under the age of 16 is provided for a period of 1 to 21 days (duration in calendar days, from date to date, and not in working days). The ameli.fr website specifies that if the need lasts longer than 21 days, the employer may repeat the procedure according to the same terms. In this case, it is not a renewal of the work suspension strictly speaking but a new work suspension and the above provisions therefore apply.
The "persons at risk" leave is automatically renewed by the CPAM, so there is no new work suspension as with care of children, but in order to preserve the principle of equal treatment, the abolition of the seniority condition may be applicable to leaves renewed since the March 26th.
IV. Extension of the derogatory conditions for granting IJSS
All insured persons on sick leave, whether or not linked to the Coronavirus epidemic, receive sick IJSS from the first day of their sick leave.
Thus, there is no longer a waiting period for work suspensions from the 24th of March until the end of the period of health emergency (currently scheduled for the May 25th, 2020).
Article 8 of the Emergency Act No. 2020-390 of March 23rd, 2020
Decree No. 2020-73 of January 31st, 2020 implementing the adapted conditions for receiving health insurance services in cash for persons exposed to coronavirus
Decree No. 2020-227 of March 9th, 2020 adapting the conditions for receiving health insurance services in cash and for paying for telemedicine procedures for persons exposed to covid-19
Decree No. 2020-193 of March 4th, 2020 on the waiting period applicable to the additional compensation to the daily allowance for persons exposed to coronavirus, Journal Officiel of March 5th
Order no. 2020-322 of the March 25th, 2020 temporarily adapting the terms and conditions for the allocation of the additional compensation provided for in Article L. 1226-1 of the French Labour Code and modifying, on an exceptional basis, the deadlines and terms and conditions for the payment of amounts paid under the profit-sharing and incentive schemes, Jo of the March 26th, 2020.
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