Vulnerable Employees: How To Safely Manage Their Return To Work In France

• Published date: 08 September 2020
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Health & Safety, Employment and Workforce Wellbeing
• Law Firm: lus Laboris
• Author: Mr Matthieu Babin (Capstan Avocats)

The French scheme under which employees who are considered vulnerable or who cohabit with vulnerable people are placed on a 'partial activity' regime where they do not need to attend work is likely to end soon. How should employers prepare and fulfil their health and safety obligations towards these employees?

Which employees benefit from an 'isolation certificate?'

Since 1 May 2020, the following employees have been put on the 'partial activity' regime:

• Those considered 'vulnerable persons presenting a risk of developing a serious form of infection with the SARS-CoV-2 virus', according to criteria defined by regulation (decree no 2020-521 of 5 May 2020); and

• those who share a home with a vulnerable person.

For this purpose, the employee must present his or her employer with an 'isolation certificate' drawn up by a doctor certifying (in compliance with medical confidentiality) that he or she falls within the official conditions described above.

This exceptional measure is intended to end on a date which will shortly by established by decree.

What to do if an employee asks to resume work?

Even before this deadline, can an employee ask to leave the partial activity scheme in order to resume his or her activity?

There is no text requiring that an employee who intends to resume work be issued with a document certifying the 'end' of isolation, which, moreover, it is unlikely a doctor would issue.

In addition, a medical examination for resuming work should not be required, even after 29 days, since this specific coronavirus partial activity scenario does not constitute a stoppage of work in the strict sense of the term (Labour Code, art. R. 4624-31).

More generally, there is no longer a requirement for a notice of fitness to work, except in special cases (Labour Code R 4624-24 et seq.).

A certificate of isolation, drawn up by a doctor in accordance with government recommendations and without a specific duration or term, attests to the vulnerability of an employee or one of his or her relatives. The employer does not need to know more: the rest is medically confidential.

It seems logical that the employer should take precautions to ensure that the employee's return to work takes place safely in compliance with its obligation to ensure employees' security and without...