End of temporary unemployment corona: rules in the event of the quarantine/care of a child as of 1 July 2022

Author: Catherine Legardien (Legal Expert)
Date:

The temporary unemployment scheme due to force majeure ‘corona’ will not be extended beyond 30 June 2022.

This means that as of 1 July 2022, the usual procedure for the introduction of temporary unemployment due to force majeure will apply in situations where the employee is absent from work in the event of quarantine or when he has to take care of his child due to a measure related to the coronavirus.

However, relaxations of the procedure are temporarily kept in place until 31 December 2022.

The ONEm/RVA provides more details on these adjustments in its instructions .

Covered situations

The ONEm/RVA clarifies that for the introduction of temporary unemployment due to force majeure, the strict definition of force majeure must again be met (which includes the complete impossibility of performance of the employment contract).

As of 1 July 2022, it will still be possible to apply for temporary unemployment due to force majeure in the following situations related to the coronavirus:

  • the employee is not incapacitated for work, but must be quarantined or isolated to limit the spread of the coronavirus and cannot telework;
  • (until 31 December 2022) the employee is absent from work when he must provide care for a child living with him who cannot attend the day-care centre, school or disability day-care centre because:
    • the day care centre, school, or disability day-care centre is (partially or completely) closed as a result of a measure to limit the spread of the coronavirus;
    • the child himself must be quarantined or isolated to limit the spread of the coronavirus.

In these situations, temporary unemployment benefits may be applied for due to force majeure during the period of closure or imposed quarantine or isolation.

Formalities towards the ONEm/RVA

From 1 July 2022 up to 31 December 2022, the formalities that the employer must fulfil towards the ONEm/RVA are relaxed compared to the "normal procedure.”

In order for the employee to be eligible for temporary unemployment benefits due to force majeure, the employer must:

  • send an electronic notice of temporary unemployment due to force majeure, together with the required supporting documents (quarantine certificate, certificate care of child for closure due to corona, certificate care of quarantined child due to corona);
  • submit a ‘Social Risk Declaration scenario 5' at the end of the month.

The employer does not have to issue a check form C3.2A or submit a social risk declaration (DRS/ASR) scenario 2.

Amount of the unemployment benefit

As of 1 July 2022, the temporary unemployment benefit will again be 65% (and no longer 70%) of the capped salary (3,014.78€ per month). In addition, the benefit supplement will end.

Source: ONEm/RVA.

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