Sick leave in wage portage
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Sick leave, like all wage portage regulations, is a subject that can worry those who are considering embarking on wage portage. Indeed, the days of absence of an employee forced to interrupt his activity for medical reasons will not be paid. However, as with any employee, a wage portage consultant is also entitled to health coverage. Discover in this article the answers to the fundamental questions related to sick leave in wage portage.
Wage portage allows you to maintain the status of consultant while being an employee. As an employee, a freelancer in wage portage is therefore opened by the social security of the general scheme. This means that an employee is entitled to sick leave.
Paid by the Caisse Primaire d'Assurance Maladie (CPAM), this health cover includes benefits during the interruption of activities, as well as reimbursement of treatment costs. But to benefit from it, certain conditions must be met.
What are they? How to calculate your allowances? And what about accidents at work and maternity or paternity leave? We answer all your questions throughout this article.
- Sick leave and wage portage: how to access your Social Security rights?What are the conditions for a sick leave to be validated?How much does an employee on sick leave receive?Are we compensated in the case of maternity, paternity or parental leave?Is wage portage more advantageous in terms of sick leave?
Sick leave and wage portage: how to access your Social Security rights?
As we have just mentioned, in the event of sick leave, the employee is not paid during his days of absence. On the other hand, he can receive daily allowances from the Caisse Primaire Health Insurance (CPAM). Compensating for the loss of income during the cessation of activity, this compensation is applicable under the following conditions:
Being an employee on a permanent or fixed-term contract
Thus, to be covered by Social Security, a consultant in wage portage must first have an employment contract (CDI or CDD) and salary slips. In other words, as long as the consultant is active, he is entitled to claim the reimbursement of health, sickness or maternity expenses. This reimbursement is valid regardless of the number of hours worked.
Justify at least 150 hours
To receive daily allowances from the Caisse Primaire d’Assurance Maladie (CPAM), the employee must provide proof of at least 150 hours during the last 3 months preceding the cessation of work. The collection of these allowances is also possible if the consultant has contributed on the basis of a salary equivalent to at least 1015 times the amount of the hourly minimum wage during the last 6 months preceding the stop.
What are the conditions for a sick leave to be validated?
The rules that apply to sick leave in wage portage are the same ones that frame the work stoppages of traditional employees. Thus, for the employee's sick leave to be validated, he must first be prescribed by your attending physician. The consultant in wage portage then has 48 hours to report the cessation of work at the Caisse Primaire d’Assurance Maladie (CPAM).
Declare sick leave to Social Security
Of course, the carried employee is also required to inform the umbrella company for his work stoppage. It is therefore up to the company to portage that is the task of ** making a declaration to the Social Security**. This involves sending a salary certificate which will determine eligibility for per diems and to calculate these. Note that in the event of a work stoppage for occupational disease or accident at work, procedures are adopted to make the declaration.
Comply with obligations relating to sick leave
In addition to the conditions mentioned above, a portage consultant employee on sick leave is required to:
- follow the prescriptions of his attending physician,
- submit to medical checks,
- respect the authorized exit times and the exit ban,
- refrain from any activity unless authorized by his attending physician.
Failure to comply with these rules may result in suspension of the payment of compensation in the event of a health insurance check. That can even lead the employee to repay the compensation received.
How much does an employee on sick leave receive?
The amount of the daily allowances of the person on sick leave corresponds to 50% of his daily salary. This is calculated on the basis of average gross salaries subject to security contributions social during the 3 or 12 months preceding the arrest you disease. He is important to note that the amount is limited to 1.8 times the SMIC monthly. To put it simply, if the daily wage of the employee is 90 euros, the amount of his daily allowance corresponds to the half of this amount, i.e. 45 euros.
Does the duration of sick leave have an impact on compensation?
Benefits received with sick leave of less than 6 months do not will certainly not be the same as those for sick leave more than 6 months. For sick leave of less than 6 months, the calculation of daily allowances will be based on the last 3 months preceding the sick leave. If this is more than 6 months, the amount of the indemnity will be calculated from a reference year. In addition, the employee carried must record at least 600 hours of work over the last 12 months preceding the sick leave.
What about waiting days?
In general, a waiting period of 3 days during which the employee worn does not receive any remuneration or compensation is applied. Nevertheless, an employee on sick leave for work accident or occupational disease will be compensated for the entire duration of stopping, without a waiting period. An immediate work stoppage, compensated and without a waiting day is also awarded to any employee declaring to have symptoms of Covid since January 2021. Finally, a consultant brought with one year of seniority, meanwhile, can perceive indemnities equal to 90% of the gross salary from the the wage portage company.
Are we compensated in the case of maternity, paternity or parental leave?
In the case of maternity or paternity leave, the employee taken on may fully entitled to daily allowances. On the other hand, in the In the case of parental leave, the situation is somewhat different.
Maternity/paternity leave and daily allowances
To be able to receive benefits relating to maternity leave or paternity in wage portage, the rule is the same as for an employee classic. The carried consultant must inform the carrying company salary and him provide a provisional schedule of childbirth. As in the case of sick leave, the company wage portage will provide the elements of remuneration to Security to determine the amount of allowances during the leave.
Parental leave and family allowances
In the case of parental leave, the daily allowances are not no longer applied since compensation is no longer the responsibility of the Fund Primary Health Insurance (CPAM). The claim for compensation will be made with the Family Allowance Fund (CAF), whether full or partial parental leave. If it is parental leave total, the contract is suspended, but the consultant is compensated by the CIF. Partial leave, on the other hand, allows the hired consultant to continue his part-time activity and benefit from allowances in supplement to his salary.
Is wage portage more advantageous in terms of sick leave?
Enabling the carried employee to receive daily allowances, the wage portage guarantees excellent health coverage. The consultant in wage portage also benefits from a company mutual very attractive prices. This insurance includes in particular:
- The basic contract opening up to minimum health coverage;
- A family option to insure the beneficiaries;
- Optional additional contracts to benefit from better coverage.
In addition to mutual insurance, the carried employee can also take advantage of the foresight. Further strengthening the social security of the employee carried, provident insurance allows you to benefit from additional compensation. That proves to be very interesting, especially when the amount of compensation daily begins to decrease after three months of cessation of work.
To learn more about the regulations:
Which collective agreement in portage salary?
Are we entitled to training in babywearing salary?
Legal status of wage portage: what framework legal?
