Are an employee of the individual employer or a maternal assistant compensated if they become ill?

Verified 11 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When the employee of the individual employer is ill, he must justify his absence to his employer. During this sick leave, the employee may, subject to conditions, receive daily allowances from the social security and a supplement to the salary paid by the pension scheme. How is the employee of the individual employer compensated? What is the procedure for obtaining such compensation? We are taking stock of the regulations.

In the event of absence due to sickness or accident, the employee shall inform the employer by any means. The employee shall provide the employer with proof of the work stoppage within 48 hours, except in exceptional circumstances.

FYI  

If there are several employers, the employee must send a copy of his or her work stoppage to each employer.

The CPAM: titleContent has implemented a special procedure which provides that, in the event of a work stoppage, the employee must complete an attestation on the honor indicating the last day worked and the address to the CPAM.

A specimen of the attestation on honor is available:

Honor certificate for payment of daily subsistence allowance

The employee may receive IJSS of the CPAM: titleContent after a waiting period three days.

The employee's IJSS is calculated on the basis of the information completed by the employee on the honor certificate and the salary he has received.

The CPAM: titleContent automatically transmits counts of IJSS to the provident fund for employees of private employers (Ircem).

In addition to the IJSS, a supplement may be paid to the employee from the 8the day off (unless relapse).

Conditions for compensation

In order to be compensated, the employee must satisfy, inter alia, the following cumulative conditions:

  • Have an employment contract with an individual employer on 1er day of work stoppage
  • Justify, unless absolutely impossible, his incapacity to work within 48 hours
  • Submit to a counter-visit if necessary at the initiative of the insurer

Amount of the additional allowance

The additional allowance may make it possible to obtain 81.8% gross salary.

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