Watch out for the headache for parents!
The closures of schools and nurseries coupled with the modification of the Easter school holidays have swept away the well-oiled organization of millions of French families.
So how do you reconcile professional life and childcare?
A puzzle that must be tried to solve between telework and partial activity.
Who can benefit from the partial activity to look after their child?
Employees who cannot telework and who are parents of at least one child under the age of 16.
For a child with a disability, there is no age limit.
To be placed in partial activity, the employee gives his employer a sworn certificate stating that he is indeed the only one of the two parents to benefit from the partial activity on the grounds of childcare.
He will receive compensation up to 84% of his net remuneration or 100% for employees earning the minimum wage.
However, the employer is free to supplement the compensation or not.
"Many companies affected by the crisis for a year this time will not have the means to take charge of the difference as during the first confinement, sweeps Benoît Serre, vice-president of the Association of Human Resources Directors (ANDRH ).
The losses will be significant for the employees.
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If I can telecommute, can I still benefit from the partial activity to look after my child?
Yes.
The question had already been asked during the first confinement, when parents working from home had to manage their young child at the same time.
An often impossible mission.
This Thursday, Elisabeth Borne, Minister of Labor was very clear.
They too may request to be placed in partial activity.
This openness is all the more welcome since the childminders who usually look after the children at home will not be able to do so, in the same way as the nurseries.
"However, there will be exceptions for the children of caregivers, gendarmes and all these priority professions", specifies Matignon, who indicates that "discussions are to define the list of professions which will be able to benefit from the school, the leisure centers and day centers for their children ”.
Can my employer refuse me partial activity to look after my child?
At the Ministry of Labor, we cannot imagine such a scenario.
The support to the tune of 84% of the net salary without any out-of-pocket expenses for the employer was precisely built to avoid this pitfall.
If this should happen, it is advisable to approach your staff representatives.
Can I move my holidays?
Normally no.
You must legally put down your vacation one month before taking it.
But this Thursday, after a meeting with the social partners, the Ministry of Labor called on employers to "facilitate the taking of leave for their employees who have children on the new school holiday dates".
If this is not possible, does not have childcare and is unable to telework, the employee may be placed in partial employment.
Can my employer impose rest days on me?
Yes.
The ordinance of December 16, 2020 can be used to impose the taking of days off or RTT.
But as always, the Ministry of Labor urges employers and employees to find solutions through social dialogue.