What about parental leave due to covid-19

Of Dimitris Katsaganis

A new “regime” for the permits that their children get from coronavirus is provided by an amendment of the Ministry of Labor.

It provides facilities for parents when their children are infected with coronavirus and establishes a special sick leave for employees of the private sector due to COVID disease, in a framework that is in line with the new health protocols of EODY and is valid until April 15, 2022.

In particular, it is provided that:

-Parents working in the private sector, in case of coronavirus disease of their children, infants, toddlers and infants, primary and secondary school students up to the 3rd Gymnasium as well as children attending special schools or special education units, regardless of as well as persons with disabilities, who, regardless of their age, are beneficiaries of open care services for persons with disabilities, are entitled to provide their work remotely, for a period of up to five working days.

-If the provision of distance work is not possible, they are entitled, for the same period, to use a special leave due to illness of their children from COVID-19 coronavirus granted, for the first four days of absence, For the fifth day of absence they can use any other license.

– For the provision of distance work or the granting of a special permit, it is sufficient to prove a positive diagnostic test, in accordance with the applicable health protocols.

– This leave is granted in addition to other leave relating to illness or childcare, but may not be granted when, at the same time, any other leave has been granted to the same parent.

– Working parents, during the leave receive 50% of their salary, which during the first three days is paid by the employer and on the fourth day by EFKA.

– The leave is granted only to one of the two parents who are beneficiaries of this leave. If one of the two parents is not working, the other parent is not entitled to use the leave, except in specific cases provided in the proposed regulation.

– Employers are obliged to declare to the PS “ERGANI” of the Ministry of Labor and Social Affairs all their employees who use the leave and its duration. A decision of the Minister of Labor and Social Affairs determines the procedure and the manner of granting the permit, the supporting documents submitted and any necessary details regarding the implementation of the regulation.

– The proposed regulation is valid until 15.4.2022. The possibility of extension is provided by a decision of the Minister of Labor and Social Affairs.

– Finally, it is provided that the remuneration, for days of sick leave of a child granted in accordance with article 16 of law 4722/2020 before the entry into force of this, is paid and payments are made in accordance with the same article.

Special sick leave for private sector workers

– Private sector workers, in case of coronavirus disease, can provide their work remotely, if possible, for a period of up to five working days

– If distance work is not possible, they are entitled, for the same period of time, to use a special sick leave due to COVID-19 disease. For the provision of distance work or the granting of a special permit, it is sufficient to prove a positive diagnostic test, in accordance with the applicable health protocols and no medical opinion is required.

– This leave is granted in addition to other leave relating to an employee’s illness and may not be granted when, during the same period, the same employee has been granted any other leave.

– It is clarified that it constitutes a sick leave and the provisions in force regarding the method of payment by the employer and its subsidy by the insurance company apply.

– Employers are obliged to declare to the PS “ERGANI” of the Ministry of Labor and Social Affairs all employees who use the special sick leave due to COVID. any extension etc.

– The proposed regulation is valid until 15.4.2022, with the possibility of extension by decision of the Minister of Labor and Social Affairs.

– Article 15 of Law 4722/2020 on the replacement of the employee’s absence from work is repealed.

Clarifications

From the Ministry of Labor, the following clarifications were given:

In practice, the provision of the Ministry of Labor harmonizes the current leave regime with the new protocol of EODY for a five-day absence from work, establishes a new leave for working parents that is not provided until today and provides the following:

For working parents of sick children:

The five-day absence (up to 5 working days) is provided with a positive test certificate (rapid or pcr) / so no additional medical certificate is required.

– The first three days of leave are covered by the employer (as happens when the employee himself falls ill), the 4th day is covered by the state / EFKA and the 5th day by any legal leave of the employee.

-The regulation stipulates that in principle teleworking is provided / preferred when it is possible for it to be provided by agreement with the employer, this is equivalent to normal work and the provisions of the sick leave are not activated.

– The form of the special leave for parents is tripartite (ie employer, state, employee), as it is an exceptional right of leave due to Covid-19 which is not provided in the permanent labor legislation but has a proportional application with the leave regime of employees who are ill themselves in terms of the amount of compensation provided.

In addition to the above leave, the working parent has the right to take advantage of a number of existing and new leave recently established by the Ministry of Labor (eg parental leave, caregiver leave, leave of absence for work due to force majeure).

For sick employees:

– The five-day absence (up to 5 working days) is provided with a positive test certificate (rapid or pcr) / so no additional medical certificate is required.

– The permanent provisions of sick leave for private sector workers adapted to the five days provided by the EODY protocol apply: the first 3 days of leave are covered by the employer at the level provided by the permanent labor legislation for sick leave (50%), while for on the 4th and 5th day the general provisions of sickness compensation (100%) apply.

– The regulation stipulates that in principle teleworking is provided / preferred when it is possible to provide it by agreement with the employer, this is equivalent to normal work and the provisions of the sick leave are not activated.