The Government has clarified the implementation of the derogatory measures of compensation for people obliged to look after their child under 16 years old or in a situation of disability (without age limit).
> The conditions of recourse to part-time activity
Until 26 April, employees can ask to benefit from part-time activity to look after their child on condition that:
- Not being able to postpone their holidays; it is recalled that employers are invited, within the framework of the dialogue with employees, to facilitate their taking of paid holidays on the new dates of the school periods (from 10 to 26 April 2021) when the employees had already planned holidays on later dates;
- Not having alternative childcare arrangements;
- Not being able to telework, either because their job is not teleworkable or because their employer considers them unable to telework. In the latter case, employees may, for example, state the number of dependent children, their age, their housing conditions, etc.
Employees will have to provide their employer with a sworn statement that they are the only one of the two parents to request part-time activity.
After 26 April, employees who are forced to keep their child because of the closure of childcare facilities or because their child has been identified as a contact case, without being able to telework, are covered by part-time activity.
For this purpose, employees must provide their employer with proof:
- Proof of the closure of the childcare facility, or a document from the health insurance company certifying that their child has been identified as a contact case;
- And a statement on their honour indicating that they are the only one of the two parents to request a work stoppage.
> Amount of the allowance paid to the employer
The rate of the part-time activity allowance paid to the employer in respect of private law employees who are vulnerable or obliged to look after their child is increased to 70% of the gross hourly remuneration limited to 4.5 times the hourly rate of the SMIC (€ 8.11 minimum).
This rule applies to hours not worked from 1 April 2021.
Click here to consult the Decree n° 2021-435 of 13 April 2021 modifying the Decree n° 2020-1786 of 30 December 2020 relating to the determination of the rates and modalities of calculation of the indemnity and of the part-time activity allowance.
