PRACTICAL – Every evening, the TF1 newscast examines the viewers’ questions in its section “Le 20H responds to you”. On the menu, questions related to the health crisis on teleworking, self-tests and the vaccination pass.
Garance Pardigon –
Since the start of the health crisis, the TF1 newscast has scrutinized viewers’ questions every evening in “Le 20H vous responds”. On the daily menu: can we telecommute if we are positive for Covid-19? Garance Pardigon answers these questions on Gilles Bouleau’s set in the video at the top of this article.
Can you telecommute if you are positive for Covid-19?
In principle, no, you must be placed on sick leave. I remind you that there is no waiting day in this case, compensation begins from the first day of absence. This is an exceptional measure linked to the health crisis, extended at least until January 31, 2022. How to proceed? You must declare your sick leave on this health insurance platform. You thus benefit from an isolation certificate to be given to your employer or possibly to your child’s school, if the latter has to isolate himself with you.
In practice, however, it is not uncommon for employees who can telecommute to continue to do so, while being positive for Covid-19. They are usually asymptomatic. “If you are in this case, it must be discussed with your employer”, advises Amélie d’Heilly, lawyer in labor law.
If you cannot telecommute, there is no debate … since you must stay at home between 5 and 10 days, according to the new isolation rules.
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Does my employer have the right to keep a photocopy of my vaccination pass?
This is possible, provided you have the employee’s agreement. Even if he is subject to the vaccination obligation as part of his job! As a reminder, since September 15, the personnel of health establishments or similar must imperatively be vaccinated, under penalty of suspension without remuneration. The new health protocol of the Ministry of Labor envisages the retention of a copy by the employer in order to “facilitate the control of the pass at the entrance of the establishment“.
According to Amélie d’Heilly, “however, this solution is not the one to favor, because it raises the question of the conservation of ultra-sensitive health data“. Indeed, the employer is accountable to the National Commission for Informatics and Freedoms. In this FAQ, the CNIL insists on the obligation for the company to secure data,”by taking care to avoid the use of tools that could lead to data transfers to countries outside the European Union“.”The employer’s liability may be incurred if the data is hacked“, specifies our lawyer in labor law. The employee could then obtain damages.
Can my company ask me to do self-tests every morning, before coming to work?
Here again, it cannot be compulsory, confirms the Ministry of Labor. The last protocol does not provide for this. “If you play the game, it must cost you nothing“, adds Amélie d’Heilly. Concretely, it is up to your employer to provide you with these self-tests, the price of which is regulated. Also note that these tests are not reimbursed by Health Insurance, whether you are vaccinated or not. .
Another possibility, certainly less costly for the company, is to organize a screening campaign within its premises. But then again, “it is based on the goodwill of the employees“, specifies the Ministry of Labor.
Send your questions on video
If you have a question yourself, you can ask it on social networks with the hashtag # le20HYouRepond, or directly by email to a dedicated address, [email protected], or now in video by going to our dedicated page.
Another novelty, during this 8pm section, you will see a QR Code appear at the bottom of the screen: you can then flash it and access an enriched article directly from your mobile phone or tablet.
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