The deconfinement of employees continues, but there is always the thorny question of those who refuse to send their children to school. Do they have the right to do so and especially what about their situation with regard to their employer? Lawyer Roland Perez takes stock.

While the coronavirus epidemic continues to decrease in France, the classes are welcoming more and more children and there is talk of reducing the health protocol, some parents are still hesitant. Concerned about possible contamination, distrustful of the authorities, they do not want to put their children back in school. But are their fears acceptable to employers? Lawyer Roland Perez takes stock.

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Partial unemployment granted only if the school is closed ...

The rule is clear: for parents who have decided to keep their children at home by choice, while they have the possibility of sending them to school, no compensation and therefore partial unemployment coverage will be possible. .

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On the other hand, parents who cannot resume their professional activity because their child's school has not yet opened, there is not enough space, or because they are not considered to have priority can still benefit from partial unemployment. To be a beneficiary, parents must present, since Tuesday, June 2, a certificate provided by the school to their employer. She certifies that the child cannot be taken care of in her school establishment for the moment. 

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... and that teleworking is impossible

Regarding the difficulties encountered by parents whose children have resumed school part-time, they will also have to obtain a certificate justifying the schedule set up by the school. This justifies that the parents cannot return physically to work, with a child who would go to school only in the morning or every other day. Obviously, before considering compensation, telework will also have to be impossible for the employee to set up.