Question 39035 — social security

Summary

Mr. Bertrand Bouyx draws the attention of the Minister of the Economy, Finance and Recovery to the situation of employees in discontinuous employment and their accessibility to compensation in the event of maternity leave or sick leave. In 2015, a decree lowered the thresholds for access to compensated maternity and sick leave for these professionals (600 hours instead of 800 hours in one year, 150 hours instead of 200 hours in three months) and in 2017, these provisions were framed by the publication of a new interministerial circular on sickness and maternity leave for discontinuous professions. These legislative vehicles, although they have constituted real progress, are no longer adapted to the current context marked by the health crisis. Indeed, since the first confinement in March 2020, certain intermittently employed employees have found themselves unable to work or, at least, were marked by a drop in their volume of activity. As a result, some of them no longer meet the conditions to be compensated by the CPAM in the event of sick or maternity leave, either because they have worked again since the start of the crisis but not sufficiently (less than 150 hours in the last 3 months or less than 600 hours in the last 12 months before the last contract before the leave or the start of pregnancy) which caused them to lose the benefit of the rights acquired through their work before the crisis; or because it has been more than 12 months since they lost their rights to unemployment compensation, and consequently their CPAM rights too. While the times are one of unity and national solidarity, many professionals have benefited from adjustments in obtaining aid or compensation. Therefore, it seems right to include the employees in intermittent employment within the scope of these adaptations. As it stands, it is more advantageous for these professionals not to rework rather than to rework insufficiently: incomplete, fragmented or interrupted activity due to the various health measures prevents them from renewing their rights. In this perspective, he asks what measures can be considered in order to guarantee these employees' access to their compensation in the event of maternity leave or sick leave, particularly with regard to article R-311-1 of the social security code.

Machine translation from French. The official text remains authoritative.

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