Sick leaves related to Covid-19 in France: Derogatory measures continue to apply until 31st of December 2022.
Since the beginning of the health crisis, Covid-19 measures have evolved constantly in France. Some of these measures continue to apply to this date. As for Covid-19 related sick leaves, derogatory measures are applicable until 31st of December 2022. These measures include alleviations such as a waiver of a seniority condition and a waiver of a waiting period.
Besides aiming to guarantee the isolation of people with Covid-19, this measure is also part of the policy of supporting the purchasing power of the French.
Sick leave pay by the employer: the basic principles
Sick leave pay is a mandatory employee benefit in France.
In principle, in the event of sick leave, the employee receives daily allowance payments from the social security, and an additional allowance from the employer if conditions are met, in particular:
– Employee has at least one year of seniority with the company;
– Employee provided a sick certificate within 48 hours;
– Employee is covered by Social Security, and therefore benefits from the daily allowances ‘IJSS’;
– Employee seeks treatment in a member state of the European Community.
For a sick leave that is not related to a work accident or an occupational illness, a waiting period of 7 days applies. Depending on his seniority, the employee will receive a total of 90% of his previous salary for a certain number of calendar days, then 66.66% for a certain number of calendar days.
CBAs may provide for more generous provisions. For instance, so called ‘cadre’ staff with one year of seniority with a company applying the CBA SYNTEC will receive 100% of their previous salary for three months, without waiting period.
The derogatory scheme for sick leaves related to Covid-19
Until 31st of December 2022, the following alleviations will apply to statutory sick pay in the case of sick leaves related to Covid-19:
– Waiver of the one-year seniority condition
– Waiver of the 7-day waiting period
The statutory sick pay with these waivers will have to be compared to the provisions of the CBA. The provision the most beneficial to the employee will have to be applied and paid via the French Payslip.
Employees concerned by the derogative measures for Covid-19 related sick leaves
Employees who cannot work from home office and who are in one of the following circumstances can benefit from the derogative measures:
– Employee with symptoms of a Covid-19 infection, subject to a Covid-test within two days of the sick leave starting date;
– Employee with a positive Covid-19 test result.
The derogative measures apply in further cases, subject to conditions, e.g. when a child of an employee has been declared Covid-19 positive.