The provisions of the decree apply from May 1st, 2020, regardless of the date of the start of the work stoppage for the employee concerned.

To benefit from partial activity (activité partielle), the vulnerability of employees must meet one of the following criteria:

1 ° Be aged 65 and over;

2 ° Have a cardiovascular history (ATCD): complicated hypertension (with cardiac, renal and vascular-cerebral complications), ATCD of cerebrovascular accident or coronary artery disease, of cardiac surgery, heart failure NYHA III or IV stage;

3 ° Having an unbalanced diabetes or presenting complications;

4 ° Present a chronic respiratory pathology likely to decompensate during a viral infection: (obstructive pulmonary disease, severe asthma, pulmonary fibrosis, sleep apnea syndrome, cystic fibrosis in particular);

5 ° Have chronic kidney disease on dialysis;

6 ° Having active cancer under treatment (excluding hormone therapy);

7 ° Present obesity (body mass index (BMI)> 30 kgm2);

8 ° Having congenital or acquired immunosuppression:

- medicinal: anti-cancer chemotherapy, immunosuppressive treatment, biotherapy and / or corticosteroid therapy at an immunosuppressive dose;

- HIV infection not controlled or with CD4 <200 / mm3;

- following a solid organ or hematopoietic stem cell transplant;

- linked to a malignant hemopathy during treatment;

9 ° Having cirrhosis at stage B of the Child Pugh score at least;

10 ° Present a major sickle cell syndrome or having a history of splenectomy;

11 ° Being in the third trimester of pregnancy.

Decree n°2020-521 of May 5th, 2020 defines the criteria for identifying vulnerable employees at risk of developing a serious form of infection with the SARS-CoV-2 virus and who can be placed in partial activity under the article 20 of the law n ° 2020-473 of April 25th, 2020 of amending finance for 2020.

The text defines the criteria for identifying vulnerable private law employees at risk of developing a serious form of infection with the SARS-CoV-2 virus and who may be placed as such in partial activity in application of article 20 of law n ° 2020-473 of April 25, 2020 of amending finance for 2020.

These criteria are defined with reference to those specified by the High Council of Public Health in its opinions relating to the care of people at risk of serious forms of covid-19.

Source:

Decree No. 2020-521 of 5 May 2020 defining the criteria for identifying vulnerable employees at risk of developing a serious form of infection with the SARS-CoV-2 virus and who may be placed in partial activity under the article 20 of the law n ° 2020-473 of April 25, 2020 of amending finance for 2020

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041849680&categorieLien=id

Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

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