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To benefit from short-term work as a vulnerable person, one must meet one of the defined vulnerability criteria and be unable to make full use of teleworking, nor benefit from certain enhanced protection measures at work or on the return journey to. home. -work. What medical conditions help identify employees at risk of developing a severe form of Covid-19 virus infection? In what situations can I benefit from partial unemployment? Am I entitled to free masks? Decree published in Official newspaper of 11 November 2020 defines new conditions.
The most vulnerable employees can be placed in partial employment and public employees on special leave (ASA) on medical prescription under 3 conditions.
First, you must be in one of these situations:
- Be 65 and older;
- Having a cardiovascular history (ATCD): complicated arterial hypertension (with cardiac, renal and vascular complications), ATCD of cerebrovascular accident or coronary artery disease, heart surgery, NYHA stage III or IV heart failure;
- Having unbalanced diabetes or having complications
- They have a chronic respiratory disease susceptible to decompensation during a viral infection: obstructive pulmonary disease, severe asthma, pulmonary fibrosis, sleep apnea syndrome, cystic fibrosis in particular;
- Has chronic renal failure on dialysis;
- Having active cancer being treated (excluding hormone therapy)
- You have obesity (body mass index (BMI)> 30 kgm2);
- Have at least one Child Pugh stage B cirrhosis;
- Have major sickle cell syndrome or have a history of splenectomy
- Being in the third trimester of pregnancy;
- Having congenital or acquired immunosuppression:
- drug: anticancer chemotherapy, immunosuppressive treatment, biotherapy and / or corticosteroid therapy at an immunosuppressive dose;
- uncontrolled or CD4 3 HIV infection;
- following a solid organ transplant or hematopoietic stem cell transplant;
- linked to a malignant hemopathy during treatment.
A new criterion has been added since 12 November 2020:
- You have motor neuron disease, myasthenia gravis, multiple sclerosis, Parkinson’s disease, cerebral palsy, quadriplegia or hemiplegia, primary brain neoplasms, progressive cerebellar disease or a rare disease.
Second, to be considered vulnerable, you don’t have to be able to telework completely.
Thirdly, you must not be able to benefit from the following enhanced protection measures:
- Isolation of the workplace, in particular by providing an individual office or, if not, its arrangement, to limit the risk of exposure as much as possible, in particular by adapting working hours or putting in place material protection;
- Respect, in the workplace and in any place frequented by the person during their professional activity, of the gestures of reinforced barrier (reinforced hand hygiene, systematically wearing a surgical mask when it is not possible to be respected or in a closed environment, with this mask changed at least every 4 hours and before this period if it is wet or damp);
- No or limited workstation sharing;
- Cleaning and disinfection of the workstation and of the surfaces touched by the person at least at the beginning and at the end of the shift, particularly when this work is shared;
- Adjustment of arrival and departure times and any other business trips, taking into account the means of transport used by the person, in order to avoid peak hours;
- Supply by the employer of surgical masks in sufficient numbers to cover journeys between home and workplace when the person uses collective transport.
If you meet these 3 conditions (pathology or situation on the list, use of impossible teleworking and insufficient protection measures), you must then give your employer a certificate of isolation drawn up by your doctor.
To notice : If you disagree with your employer on the assessment of these enhanced protective measures (insufficient measures, for example), you should contact your occupational doctor who will decide on the situation. You are then placed in a position of partial activity pending the opinion of the occupational doctor.
People who share the home of a vulnerable person
The partial unemployment scheme ended on August 31, 2020 for employees who share the same home as a vulnerable person. If you live with someone who is considered vulnerable, your employer must encourage you to work from home.
Likewise, in public service you can no longer be placed on Extraordinary Leave (ASA). If you live with someone who is considered vulnerable and if teleworking is impossible, your employer must provide you with additional protection, in particular:
- supply of a surgical mask to be worn in the workplace and on public transport, while traveling to work and on business trips;
- Workstation layout: dedicated office or risk limitation (examples: protective shield in addition to wearing a mask, limitation of contact with the public).
Can i get masks for free?
Vulnerable people can benefit from 10 masks per week in pharmacies, provided they are prescribed by a doctor.
Know : The decree providing for these new provisions was published following the decision of the Council of State to suspend the provisions of the decree of 29 August 2020 which limited the criteria that allowed employees to benefit from partial unemployment. Furthermore, between October 15 and November 11, 2020, the vulnerability criteria returned to the more extended ones specified in the decree of May 5, 2020. This new text published on November 11, 2020 returns to the 11 initial criteria and adds of new pathologies (such as rare diseases and neurological and neurodegenerative pathologies) and the two criteria linked to the impossibility of teleworking and working conditions. It also follows the HSCP opinion of 6 October 2020 on the professional activity of pregnant women
and that of 29 October 2020.
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