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An employee whose child cannot attend school or nursery school because of a measure that is meant to limit the spread of the coronavirus may be absent from work and will receive temporary unemployment benefits due to force majeure "Covid-19".
This also applies to the week in which schools are closed before the winter holidays (20-24 December), as decided by the authorities.
This right is not new, but in view of the "Covid" news, it seems appropriate to recall the rules applicable in this matter.
Your employee has the right to remain absent from work without pay:
This right is also recognized when the employee's child cannot go to school because of a decision of the authorities to close schools, as is the case for the week of 20 to 24 December.
The employee who makes use of this right must inform you immediately.
He must also provide you immediately with one of the following duly completed documents, depending on the case:
Your employee retains the right to be absent during the entire period covered by the certificate.
Important note!
Only one person can exercise this right during the same period for the same child.
More specifically, when the employee is cohabiting with the other parent of the child, this right may only be exercised by one of them for the same period.
Also in a situation of shared residence arrangements (where the child will reside in each household during specific periods of time), this right can only be requested by the employee who actually lives with the child during the period of closure of the institution or of quarantine of the child.
For the days on which he is absent, your employee receives a temporary unemployment benefit from the ONEm/RVA corresponding to 70 % of the limited wage (2,840.84 EUR per month) plus 5.74 EUR per day.
Only the following formalities have to be completed (simplified procedure):
You must, moreover, keep the supporting document (depending on the case, the certificate “garde enfant fermeture corona” (childcare closure corona) or the certificate “garde enfant quarantaine” (childcare quarantine) that your employee has submitted to you at the disposal of the services of the ONEm/RVA, in the event of an inspection.
The ONEm/RVA explicitly provides that temporary unemployment due to force majeure to take care of a child is not possible if the child has to be quarantined after returning from a holiday in a country that was a red zone at the time of departure.
Source: ONEm/RVA.
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