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Factsheet for measure FR-2021-1/1839 Updated – measures in France

Derogatory compensation for work stoppages related to the COVID-19 epidemic

Indemnisation dérogatoire des arrêts de travail liés à l’épidémie de Covid-19

Country France , applies nationwide
Time period Temporary, 01 January 2021 – 01 June 2021
Context COVID-19
Type Legislations or other statutory regulations
Category Employment protection and retention
– Income support for people in employment (e.g., short-time work)
Author Frédéric Turlan (IRshare) and Eurofound
Measure added 10 April 2021 (updated 18 May 2021)

Background information

As part of the fight against the COVID-19 epidemic, and in order to encourage people to isolate themselves as quickly as possible, the waiting period applicable for the compensation of work stoppages has been abolished, in particular for employees tested positive to COVID-19 or who are only symptomatic. The decree nº 2021-13 of 8 January, which details this system, was initially applicable until 31 March 2021.

Content of measure

Insured persons who are subject to one of the following isolation measures (for work stoppages beginning on or after 22 February 2021) may receive IJSS (daily social security benefits) and, for employees, the employer's supplement, without a waiting period:

  • Insured persons who are subject to one of the following isolation measures (for work stoppages starting from 22 February 2021): insured persons arriving in mainland France by sea or air transport from a country outside the European area (EU, Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, the Holy See or Switzerland), who have undertaken to isolate themselves preventively for a period of seven days after their arrival, and to carry out a test at the end of that period. The same applies to insured persons travelling by land to French Guiana from Brazil, and to persons travelling from Mayotte, French Guiana or Reunion to any other point on national territory.
  • Insured persons considered as vulnerable persons who cannot be placed in a situation of partial activity;
  • insured persons who are parents of a child under the age of 16 or of a disabled person who are subject to an isolation, eviction or home maintenance measure and who cannot be placed on partial activity;
  • insured persons who are subject to an isolation measure as a "contact at risk of contamination";
  • insureds with symptoms of COVID-19, provided that they have a test carried out within two days of the start of the work stoppage, and for the duration of the period until the test result is obtained;
  • insured persons with a positive test result for COVID-19;
  • insured persons who are placed in isolation or quarantine on arrival in Guadeloupe, French Guiana, Martinique, Mayotte, New Caledonia, French Polynesia, Reunion, Saint Barthélemy, Saint Martin, Wallis and Futuna or Saint Pierre and Miquelon.

Derogatory compensation conditions

The above-mentioned persons may receive IJSS :

  • without meeting the conditions for entitlement to benefits ;
  • from the first day of absence from work
  • without the duration of compensation being taken into account for the calculation of the maximum duration of payment.

Updates

The following updates to this measure have been made after it came into effect.

11 March 2021

A decree nº 2021-271 of 11 March 2021 extends the derogation until 1 June 2021 and extends it to new situations of isolation (included in the 'content of the measure' description). In particular, it allows for the care of persons who have to be isolated following a trip abroad for an imperative reason.

Use of measure

No data available.

Target groups

Workers Businesses Citizens
Applies to all workers Applies to all businesses Does not apply to citizens

Actors and funding

Actors Funding
National government
Employees
Employer
National funds

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role Consulted Consulted
Form Consultation through tripartite or bipartite social dialogue bodies Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

  • Social partners jointly
  • Main level of involvement: Peak or cross-sectoral level

Involvement

Even the decision is taken by the government, the National social security fund which is managed by the representative social partners, is consulted.

Views and reactions

No information.

Sources

  • 08 January 2021: Décret n° 2021-13 du 8 janvier 2021 prévoyant l'application de dérogations relatives au bénéfice des indemnités journalières et de l'indemnité complémentaire prévue à l'article L. 1226-1 du code du travail ainsi qu'aux conditions de prise en charge par l'assurance maladie de certains frais de santé afin de lutter contre l'épidémie de Covid-19 (www.legifrance.gouv.fr)
  • 11 March 2021: Décret n° 2021-271 du 11 mars 2021 modifiant le décret n° 2021-13 du 8 janvier 2021 prévoyant l'application de dérogations relatives au bénéfice des indemnités journalières et de l'indemnité complémentaire prévue à l'article L. 1226-1 du code du travail ainsi qu'aux conditions de prise en charge par l'assurance maladie de certains frais de santé afin de lutter contre l'épidémie de covid-19 (www.legifrance.gouv.fr)

Citation

Eurofound (2021), Derogatory compensation for work stoppages related to the COVID-19 epidemic, measure FR-2021-1/1839 (measures in France), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/FR-2021-1_1839.html

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