Back to school: do I have the right to a work stoppage if my child’s class closes?

From the start of the school year, a “level 2” health protocol in nursery and primary schools will be put in place. This leads to the closure of the class for a period of 7 days from the first positive case, to which is added a 10-day isolation for the infected students.

In middle and high schools, on the other hand, vaccinated case-contact students will be able to continue face-to-face lessons. Only non-vaccinated secondary school and high school students will have to follow the distance learning courses for 7 days.

Under these conditions, it is sometimes essential to keep your child at home. But be careful, the sick leave to keep your child sick, or case-contact, is not automatic.

For private sector employees: partial unemployment

If you are an employee under private law, forced to keep your child under 16 or a child with a disability (no age limit) and whom you cannot telecommute, you will be able to benefit from the implementation of partial unemployment for childcare. On the condition, however, that neither of the two parents can telework. Please note, only one parent will be able to benefit from partial unemployment.

To do this, you will need to present proof of the closing of the class, established either by the school or by the town hall, or a document indicating that your child is case-contact (Health Insurance). As well as a sworn statement indicating that you are the only one of the two parents asking to benefit from a work stoppage for childcare, forced to stay at home for the days concerned.

As a result, you will be compensated up to 70% of your gross salary, which can be supplemented by your employer to reach 100%.

For civil servants: a special leave of absence

If you are a civil servant (excluding public law contractors and non-full-time civil servants working less than 28 hours), forced to look after your child under 16 or disabled, and you cannot telework , a special leave of absence (ASA) can be implemented. You will be 100% indemnified, if applicable.

The procedure is the same as for employees in the private sector, only one parent can benefit from this device. To do this, you will need to present a proof of the closing of the class, established either by the school, or by the town hall, or a proof indicating that your child is case-contact (Health Insurance). As well as a sworn statement indicating that you are the only one of the two parents asking to benefit from an ASA for the custody of a child forced to stay at home for the days concerned.

For self-employed workers: a derogatory work stoppage

If you are self-employed, i.e. belonging to one of the following categories:

  • self-employed agricultural workers,
  • artists, authors and trainees in professional training,
  • liberal professions, health professions, salaried managers
  • public law employees in the administration, non-full-time civil servants working less than 28 hours
  •  childminders or child minders at home.

You can benefit from a compensated derogatory work stoppage without waiting periods. You will be granted sick leave provided that both parents are unable to telework, and if necessary, only one parent may benefit from it.

To do this, you must make a request to the Health Insurance on Declare.ameli.fr or declare.msa.fr.

Trainees in vocational training and officials governed by public law do not have to make the declaration to the Health Insurance. However, for all the parents concerned, you must present proof of the closure of the class, established either by the school establishment or by the town hall, or proof that indicates that your child is case-contact (Health insurance ). As well as a sworn certificate indicating that he is the only one of the two parents asking to benefit from a work stoppage for the care of a child, forced to remain at home for the days concerned.

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