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To benefit from partial activity or special leave of absence (ASA) as a vulnerable person, you must meet one of the defined vulnerability criteria and be unable to make full use of telework or benefit from certain measures. reinforced protections in your workplace. What pathologies make it possible to identify employees presenting a risk of developing a serious form of infection with the Covid-19 virus? In what situations can I benefit from partial activity or ASA and until when?

The conditions under which the most vulnerable employees can be placed in partial activity were specified by a decree published on September 9, 2021 in the Official newspaper. The provisions of this decree are applicable from September 27, 2021.

First, you must be in one of these situations:

  • Be aged 65 or over;
  • Have a cardiovascular history (ATCD): complicated arterial hypertension (with cardiac, renal and vascular-cerebral complications), ATCD of stroke or coronary artery disease, heart surgery, NYHA stage III or IV heart failure;
  • Have diabetes that is unbalanced or has complications;
  • Have a chronic respiratory pathology likely to decompensate during a viral infection: obstructive broncho-pneumopathy, severe asthma, pulmonary fibrosis, sleep apnea syndrome, cystic fibrosis in particular;
  • Have severe chronic renal failure;
  • Have progressive cancer under treatment (excluding hormone therapy);
  • Have obesity (body mass index (BMI) > 30 kgm2);
  • Have cirrhosis at stage B of the Child Pugh score at least;
  • Have a major sickle cell syndrome or a history of splenectomy;
  • Being in the third trimester of pregnancy;
  • Have congenital or acquired immunosuppression:
    • medicinal: cancer chemotherapy, immunosuppressive treatment, biotherapy and/or corticosteroid therapy at an immunosuppressive dose;
    • uncontrolled HIV infection or with CD4 3;
    • following a solid organ or haematopoietic stem cell transplant;
    • linked to a hematological malignancy during treatment.
  • Have motor neurone disease, myasthenia gravis, multiple sclerosis, Parkinson’s disease, cerebral palsy, quadriplegia or hemiplegia, primary cerebral malignancy, progressive cerebellar disease or a rare disease;
  • Having trisomy 21.

Secondly, you must be assigned to a workstation likely to expose you to high viral densities.

Thirdly, you must be unable to fully use telework or benefit from the following enhanced protection measures:

  • Isolation of the workstation, in particular by the provision of an individual office or, if not, its layout, to limit the risk of exposure as much as possible, in particular by adapting working hours or setting up material protection ;
  • Respect, in the workplace and in any place frequented by the person on the occasion of his professional activity, of reinforced barrier gestures (reinforced hand hygiene, systematic wearing of a surgical type mask when physical distance cannot be be respected or in a closed environment, with this mask changed at least every 4 hours and before this time if it is wet or damp);
  • Absence or limitation of workstation sharing;
  • Cleaning and disinfection of the workstation and the surfaces touched by the person at least at the start and end of the shift, in particular when this workstation is shared;
  • Adaptation of arrival and departure times and any other business trips, taking into account the means of transport used by the person, in order to avoid peak hours;
  • Provision by the employer of surgical-type masks in sufficient numbers to cover journeys between home and the workplace when the person uses public transport.

If you meet these 3 conditions (pathology or situation listed, impossible to use telework and insufficient protective measures), you must then give your employer a certificate of isolation drawn up by your doctor, in order to be placed in activity. partial.

Severely immunocompromised employees can also be placed in a position of partial activity, if they meet 2 cumulative criteria:

  1. Be in one of the following situations:
    • have received an organ or haematopoietic stem cell transplant;
    • being on lymphopenic chemotherapy;
    • be treated with strong immunosuppressive drugs, such as antimetabolites (cellcept, myfortic, mycophenolate mofetil, imurel, azathioprine) and AntiCD20 (rituximab: Mabthera, Rixathon, Truxima);
    • on a case-by-case basis, being on immunosuppressants without falling into the aforementioned categories or being a carrier of a primary immunodeficiency.
  2. Not having the possibility of fully resorting to teleworking.

Particularly vulnerable employees who do not fully use telework, and who justify, by the presentation of a medical certificate, a contraindication to vaccination may be placed in a position of partial activity.

If the employer considers that the position for which you are requesting partial activity does not expose you to high viral densities, he must contact the occupational physician, who decides on compliance with this criterion and verifies the implementation. enhanced protective measures. Pending the opinion of the occupational physician, you are placed in a position of partial activity.

Modalities relating to public officials

Circular

In the civil service, agents can apply for placement on special leave of absence (ASA) by presenting a certificate issued by a doctor of their choice. Those who are particularly vulnerable, who cannot telework, and who justify, by the presentation of a medical certificate, a contraindication to vaccination can also be placed on special leave of absence (ASA).

Vulnerable people not meeting all criteria

For people who do not meet these criteria, the attending physician can also establish a work stoppage if he considers that the conditions of the derogatory work stoppage are met. The persons concerned then benefit from daily sickness benefits under the conditions of ordinary law.

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