Coronavirus: exemptions applicable in case of incapacity for work due to quarantine or isolation order

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Date:
22 Dec 2020

Newsflash

By:
Dorothée David

The Law of 19 December 2020 introducing a temporary exemption from article L. 121-6 of the Labour Code was published in Mémorial A no. 1039 on 21 December 2020 and came into force the same day.

The Law provides that as of 21 December 2020 and up until 30 June 2021 inclusive, the following exemptions will apply:

  • If an employee is unable to work because they are quarantining or self-isolating they must: 
    • inform the employer or the latter’s representative personally or via a third party on the day on which they are prevented from working; 
    • no later than the eighth day of their absence, submit to the employer an official order to quarantine or isolation issued by the competent national authority and valid as a certificate of incapacity for work.
  • If an employer has been informed in accordance with article L. 121-6 (1) of the Labour Code, is in possession of a medical certificate as described in article L. 121-6 (2) of the Labour Code (i.e. submitted to the employer no later than the 3rd day of absence) or is in possession of an official order to quarantine or isolation as described above (i.e. submitted to the employer no later than the 8th day of absence), they are not authorised, even if they have serious grounds, to dismiss the employee, or to invite the latter to a preliminary interview, for a period of at least 26 weeks as of the day on which the employee became unable to work.