This is a question that no one had asked and which suddenly arises: what are the rights of employees in the event of confinement? As the coronavirus epidemic continues to spread, the WHO classifying the international threat as "very high", the number of cases has increased from 18 to 38 in France, where travelers returning from "at risk" areas are now invited to stay at home. Our columnist Roland Perez, lawyer, takes stock of the impact in terms of salary in particular.
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A maximum of 20 days paid by the CPAM
First scenario: that of a worker returning from a country like China, Singapore, South Korea, northern Italy or Iran. Even if he shows no signs of illness, he must notify his employer so that he can take the necessary measures to protect other employees. The company has a legal obligation to protect the health and safety of its employees.
The employer warns the occupational doctor of the potential risk, and covers himself by organizing telework for at least 14 days to start, or, if the doctor recommends it, by asking that the employee does not come to work - whether teleworking is possible or not. An employee thus placed in quarantine "in spite of himself" is taken in charge by the CPAM on which he depends: he is therefore paid, in the form of daily allowances, with however a maximum of 20 days. This should be sufficient because we know that the maximum contamination time is 14 days without development of the disease. And on his return, the employee must not "make up" for these days: his contract is in fact suspended.
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Warn if a loved one gets sick
Second scenario: the employee becomes ill during confinement. In this case a sick leave takes over and the employee is always supported by his fund and or his employer, according to collective agreements. Finally, it should be noted that employees are also asked to notify their employer if one of their relatives (spouse, child, parent) becomes ill, so that, once again, occupational medicine decides.