The conditions for entitlement to stop work in the event of a school closure and the impossibility of telecommuting have been eased. The Express makes the point.

While the kindergartens, the schools, and the universities will be closed, the question of custody of children arises now for millions of parents. The minister of Labour Muriel Pénicaud has assured this Friday on Franceinfo that “all will be sick, if they do not have a teleworking solution, to take care of their children.”The Express details the conditions of application of these measures.

Who can benefit ?

“If you have a child under the age of 16 years and that telecommuting is not possible, you are entitled to them automatically,” said Muriel Pénicaud.

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In clear, it is not necessary so that the employee can be put in telework. That is to say that the work stoppage must be the only possible solution.

The institution in which is enrolled the child must be closed (which will be the case for all educational institutions from Monday). Finally, only one parent may benefit from this work stoppage.

How to declare its judgment ?

usually, the work stops are prescribed by the doctors. But the crisis of the epidemic has changed the situation and now, the stop of working is not motivated by health status but by a serious emergency health situation. It is therefore up to the employer to make the declaration of suspension of work, and not to the employee.

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Specifically, once the employee and the employer have agreed on the impossibility of telework – the employer may not refuse to grant sick leave, in this case the company will fill out the online form on the site, created by the health Insurance. There was no document to provide.

Since the 1st of February and the publication of a decree liberalizing the rules for compensation of persons confined, the payment of daily subsistence allowances applicable from the first day of absence from work, without a waiting period.

How long can last this stop ?

The work stoppage will be granted for a period of 14 days from the date of the beginning of the judgment stated. This corresponds more or less to the statements of the minister of Health, who said on Friday that closing schools would be effective for “at least 15 days”.

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Jean-Michel Blanquer, the minister of National Education, had referred to the Easter holidays in April, indicating that the return of students to school “, will depend on the epidemiological data, the health situation is observed in the country (…) At the time when I speak to you, this will without doubt up to the holiday of spring”. He considered it “premature to set a date”.