France: Vulnerable Employees

The new rules of access to Short Time Work (“Activité Partielle”) for vulnerable people and their relatives are set by decree of August 29, 2020, and entered into force on September 1, 2020. The text distinguishes between two scenarios. Firstly, employees who present “a risk of developing a serious form of infection with the Sars CoV-2 virus, making it impossible for them to continue working”. For them, the Short-Time Work scheme is maintained, subject to presentation to the employer of a medical certificate. Several precise criteria are defined, allowing the doctor to determine the risk incurred by the patient: for example, “to be suffering from cancer under treatment” or “from congenital or acquired immunodeficiency”, or to be over 65 years of age. Second, employees sharing the home of a vulnerable person: for them, access to the Short Time Work scheme ended on August 31, 2020. They will therefore have to return to work as before the pandemic. However, the measure remains in force in the French departments where the health emergency is still currently in effect at the time of writing, i.e. French Guyana and Mayotte.

Flichy Grangé Avocats is there to assist you in the implementation of these new measures. For more information, please visit www.flichygrange.com or contact comfga@flichy.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.