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Sick stop: daily allowances paid to employee

Verified 01 August 2022 - Legal and Administrative Information Directorate (Prime Minister)

Deficiency day in case of Covid-19 work stoppage

Deficiency days are deleted for employee tested positive Covid-19 (or symptomatic while waiting for the test result) that cannot telework, and in work stoppage during the isolation period.

If you are an employee who has stopped work due to illness, you are entitled to per diems (IJ) paid by your health insurance plan (CPAM: titleContent, MSA: titleContent,...) They are paid under conditions of contributions with waiting period. The amount depends on your salary. You may also receive additional benefits from your employer, subject to conditions. Of treaty provisions may provide for the full maintenance of your salary.

Up to 6 months off

In order to be compensated for the first 6 months of your stoppage, you must prove, on the day of the interruption of work, one of the following conditions:

  • You worked at least 150 hours during the 3 calendar months or 90 days before the stop
  • You have contributed, in the 6 calendar months preceding the termination, on the basis of a remuneration at least equal to 1,015 times the amount of Smic: titleContent timetable established at the beginning of that period

Example :

If your work stoppage started on 1to July 2021, you are entitled to the YI if one of the following conditions is met:

  • You worked at least 150 hours between the 1to April 2021 and June 30, 2021
  • You have, between 1to January 2021 and 30 June 2021, paid on the basis of remuneration not less than €11,236.05

FYI  

these conditions apply whether you work full-time or part-time.

After 6 months

To continue to be compensated if your shutdown extends beyond 6 months, you must meet one of the following conditions:

  • You must prove, at the date of interruption of work, that you have been a member of a social security scheme (CPAM, MSA) for at least 12 months and have worked at least 600 hours on 12 calendar months or the 365 days preceding the stop
  • You must have contributed, during the 12 calendar months or the 365 days preceding the shutdown, on the basis of a remuneration of at least 2,030 times the amount of the Smic: titleContent timetable established at the beginning of that period

Example :

If your work stoppage of more than 6 months started on 1to July 2021, you are entitled to JIs beyond 6 months if you meet any of the following conditions:

  • You were already a member of a Social Security plan before July 2020, and you worked at least 600 hours between the 1to July 2020 and June 30, 2021
  • You have made contributions during the same period on the basis of remuneration at least equal to €20,807.50

FYI  

these conditions apply whether you work full-time or part-time.

Calculation Mode

Daily allowances (PDI) are equal to 50% the basic daily wage.

If you are paid on a monthly basis, your basic daily wage is equal to the total of the last 3 gross salaries received before the work stoppage, divided by 91.25.

Example :

If you received a gross salary of €2,000 per month during the 3 months preceding your work stoppage, you will be able to obtain IJs according to the following calculation:

  • Last 3 months gross salary = 6,000 (2,000 x 3)
  • Basic daily wage = €65.75 (6000 / 91.25)
  • IJ = €32.87 (€65.75 (basic daily wage) x 50%)

IJs cannot exceed €49.68 raw.

Your salary, taken into account to calculate your basic daily gain, is capped at 1.8 times the amount of the current SLIC, on the last day of the month preceding the shutdown (either €3,022.11 per month in 2022).

If you receive a higher salary, the calculation of your IJ will be as follows:

  • Basic daily wage = €97.38 [(€3,022.11 x3) 91.25]
  • IJ = €49.68 (97.38 / 50)

Maximum

IJs cannot exceed €49.68 raw.

Revaluation

If the work stoppage is longer than 3 months, the IJs may be revalued (within the maximum gross amount) in the event of a general increase in wages.

YIs are paid after waiting period of 3 days.

Example :

when stopping from 1to July, IJs are paid from July 4.

The waiting period applies to each work stoppage.

Warning  

there is no waiting period for a resumption of activity between 2 work stoppages not exceeding 48 hours. Similarly, there is no waiting period for successive work stoppages due to long-term condition (ALD).

The days of deficiency are counted in the calculation of your retirement, as the duration of the stoppage is taken into account.

For short-term stoppages, there is no impact on the calculation of your retirement.

On the other hand, if the stops are long-lasting, they are also taken into account as follows: 1 quarter is validated for each 60-day period of compensation up to the limit of 4 quarter per year.

Days compensated

YIs are due for each calendar day work interruption, including Saturday and Sunday.

Remittance recurrence

Your Social Security Organisation (CPAM: titleContent, MSA: titleContent) pays you the IJ every 14 days. At the same time, he sends you a statement. You can also download it.

Attestation of payment of daily allowances

Maximum payment time

General case

The Social Security Agency (CPAM, MSA) pays up to 12 months of IJ per 3 consecutive years.

In case of long-term illness (ALD)

If you suffer from ALD, YIs are paid for 3 years.

A new 3 year period is opened if you have worked for at least 1 year.

If after 3 years you are back on sick leave while working for less than one year, you can be compensated if you received less than 12 months of IJ over the 3 year period.

Revenue accrual with per diem

Income

Possible accrual with daily allowances?

Disability pension

Yes, if your disability rate is compatible with a resumption of work

Old-age pension

Yes, if you are retired and otherwise pursue an employed activity

Additional share of your salary paid by your employer

Yes

Unemployment benefits

No

Daily maternity allowances

No

Daily accident at work and Occupational Health Benefits (DTA)

No

Terms

To receive the additional benefits, you must complete all the following conditions:

  • Have at least 1 year of seniority in the company (calculated from your 1to day of absence)
  • Have provided the employer with the medical certificate within 48 hours
  • Benefit per diems (IJ) paid by Social Security
  • Be treated in France or in one of the Member States of the European Economic Area (EEA)
  • Not be homeworker or seasonal, intermittent or temporary

Deficiency time

One waiting period of 7 days is scheduled for each work stoppage.

Thus the payment of supplementary allowances begins on 8e day of sick leave except treaty provisions or more favourable collective agreement.

If the work stoppage is consecutive to accident at work or occupational disease the payment of the IJ starts from 1to day of absence.

Remittance period

The length of time the employer pays benefits varies with your seniority, as follows:

Period of payment of supplementary allowances according to your seniority

Company length of service

Maximum duration of payment of allowances

1 to 5 years

60 days (30 days to 90% and 30 days to 66,66%)

6 to 10 years

80 days (40 days to 90% and 40 days to 66,66%)

11 to 15 years

100 days (50 days to 90% and 50 days to 66,66%)

16 to 20 years

120 days (60 days to 90% and 60 days to 66,66%)

21 to 25 years

140 days (70 days to 90% and 70 days to 66,66%)

26 to 30 years

160 days (80 days to 90% and 80 days to 66,66%)

31+

180 days (90 days to 90% and 90 days to 66,66%)

If you have already received one or more periods of sickness compensation from the employer in the previous 12 months, the duration of payment is deducted from the number of days already compensated.

Amount

During First 30 to 90 days off depending on your seniority, you can receive allowances, which in addition to the IJs, allow you to collect 90% of the gross remuneration you would have received if you had worked.

During Next 30 to 90 days off, the percentage is reduced to 2/3 (either 66,66%) of your remuneration.

To calculate the amount paid by the employer, you have to deduct the YI paid by your social security organisation (CPAM, MSA, etc.) and, if this is the case, the benefits resulting from the employer's payments under a supplementary pension plan.

Your collective agreement may include more favourable provisions (such as maintaining your salary in full).

If the IJs paid by your social security organisation (CPAM, MSA,...) are reduced (for example, due to hospitalisation or a penalty of the CPAM: titleContent for non-compliance), the amount paid by the employer remains calculated taking into account the full amount of the YI.

Warning  

in return for the obligation to pay compensation, the employer may medical check-up.

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