The upsurge in cases of coronavirus in schools in recent days is once again a source of concern for many parents. Workers who have to take time off to look after their child can benefit from temporary unemployment benefit for force majeure corona. But in what situations is this possible? What are the limits, conditions and formalities to be fulfilled?
If there are other options for looking after your children as well, currently, this unemployment due to force majeure corona is the most suitable and the one to be requested as a priority.
1. Temporary unemployment corona
Parents ofminor children (or disabled regardless of their age) whose nursery, class, school or reception center is closed due to a measure aimed at limiting the spread of the coronavirus may invoke the temporary unemployment due to force majeure. This also applies when a minor is obliged to follow the courses remotely or when it needs to be put in quarantine or in isolation.
The measure, which entered into force with retroactive effect from 1er October will apply until March 31, 2021 inclusive.
The worker just has to provide a certificate from the school or nursery (available on the ONEM website), specifying the period during which the closure / interruption of service applies.
The employer should not not agree but be directly informed.
Warning, two parents cannot be absent to look after their child. “When the worker lives with the other parent of the child, this right can only be exercised for the same period by one of them.alternate accommodation, this right can only be requested by the worker who actually lives with the child during the period when the establishment is closed or when the child is quarantined “, explains Catherine Legardien, Legal expert at Partena Professional.
The ONEM also explicitly provides that “if the child must be placed in quarantine following a returning from a trip to a country that was in the red zone at the time of departure, temporary unemployment due to force majeure for his care will not be possible. “
Holiday carnival
“For the carnival week, the vscorona temporary homemaking cannot of course be invoked. If he wants to be absent to look after his child, the worker will take days of vacation or compensatory rest, in agreement with his employer.
On the other hand, if the authorities had to take the decision to extend vacation carnival (as was the case for the All Saints holidays), the ONEM explicitly provides that the worker who is absent from work to look after his child during this extension will be able to benefit from temporary corona unemployment “, clarifies Catherine Legardien.
The worker perceives unemployment benefit equivalent to 70% of his average compensation cappede, as well as a supplement of 5.63 euros per day temporary unemployment.
2. Leave for compelling reasons
You can take leave for “compelling reasons” including illness, accident or hospitalization of a person living with you or a loved one. “These reasons are listed in intersectoral agreements. The company or the sector can provide for others …”, explains Catherine Legardien.
It must be a unforeseeable and independent event work requiring the urgent and essential intervention of the worker.
This leave which cannot exceed 10 days a year (in proportion to working time) is not not paid (unless a sectoral or company-level agreement provides for it).
For the granting of unemployment benefits, INAMI allowances, family allowances or pensions, these days are assimilated to working daysl.
3. Parental leave or motivated time credit
Employer authorization is required. take in account the approval deadlines which are in principle from 3 to 6 months, this is not an immediate solution to the current problems. In urgent cases, however, the employer can be flexible and give his consent the same day.
4. Leave without pay
Leave without pay is a solution to be used as a last resort. It’s not not a right: employer’s agreement is required.
This option is not without consequences. It’s a leave unpaid, without compensation from ONEM and during which we do not constitute no pension rights.
In theory, if a worker does not perceive no salary, he has not not no more right to extra-legal benefits and he must return them to his employer. It is however not an obligation.
Finally, these periods are generally not not (fully) assimilated to effective work for the calculation of year-end bonus nor for the calculation ofs vacation of the following year.