Vaccination obligation on September 15.Nurses, gendarmes, health students: Who is concerned?#Onvouséondé

The compulsory vaccination against Covid-19 comes into force this Wednesday, September 15. It concerns 2.7 million people but not all of them have yet received their first dose. Hospitals, retirement homes, liberal caregivers, home helpers, gendarmes, who is concerned? We answer you.

"Employees subject to a vaccination obligation may, on a temporary basis, present the negative result of a screening examination. From September 15, 2021, they must have been vaccinated in order to continue to exercise their activity", writes the government on its site.

So no more simple presentation of this negative result for employees of establishments open to the public, they must have received at least one dose of vaccine from this Wednesday. In this specific case, they will still have to present a negative test while waiting for the second dose. On October 15, they will have to present a complete vaccination plan. To date, 12% of the employees concerned by the vaccination obligation would not be vaccinated, this concerns 300,000 people.

Who are the employees concerned by the obligation?

Vaccination is compulsory for health professionals and people working alongside vulnerable people, in the public or private sectors, "caregivers, non- caregivers, professionals and volunteers". "The refusal to be vaccinated will not give rise to any sick leave", warned the Minister of Health, Olivier Véran, promising "systematic checks" for "any prescription deemed suspicious". September 15, must be vaccinated:

And the cleaning ladies, policemen, liberal professions?

The policemen assigned to the field or in contact with the public are also concerned. A decision which follows an instruction from the central management of the armed forces health service (SSA) which, on July 29, extended the scope of the vaccination obligation to the military. Police officers are not subject to this obligation.

For other professions not a priori concerned, it all depends on the place of work. The Ministry of Solidarity and Health specifies that "employees of service providers who intervene on a recurring and planned basis (cleaning, laundry, waste management, etc.) within health establishments and services, social and medico-social establishments, various types collective housing for the elderly or disabled people but also to liberal professionals, whether or not under agreement" are also affected by the vaccination obligation.

Contrary to what Garance31 thinks, liberal caregivers are also subject to compulsory vaccination. Otherwise, they will be banned from practicing. The regional health agencies (ARS) will be in charge of keeping an eye on things, as specified in law n° 2021-1040 of August 5, 2021 relating to the management of the health crisis.

"To this end, the local health insurance organizations will transmit to the ARS every 15 days from August 11 the file of contracted liberal health professionals practicing in their territory and who have not started their vaccination course to date. “, specifies the Ministry of Solidarity and Health.

What do I risk if I don't get vaccinated?

In case of refusal to be vaccinated, the employer will be authorized to suspend the contract or the functions of the agent or employee without any remuneration. This suspension will last as long as the employee does not meet this vaccination obligation. The employer must notify this by means of a written document delivered by hand "against signature and in front of witnesses" or by means of a registered letter with acknowledgment of receipt. This suspension ends when the employee or public official has fulfilled the conditions necessary for the exercise of his activity. Note that this suspension has no effect on the "fixed-term contract of a contractual agent under public law. When the contract comes to an end during the suspension, the contract ends at the term initially provided for".

The sanction of dismissal for refusing the vaccination obligation has been challenged by the Senate, but if the employee or the public official wishes to be dismissed on the grounds that he refuses the vaccination obligation? "It is not provided for a special system for the case of an employee who would like to leave the company in this context", specifies the CFDT. It is also not possible to proceed with the early termination of a fixed-term employment contract.

Who can escape this obligation?

"People with a contraindication to vaccination will be exempt from the vaccination obligation", specifies the government.

These contraindications are as follows:

Some employees who have to work occasionally in the health sector are not subject to the vaccination obligation, if they exercise their profession "on a non-recurring basis for very short-term tasks", specifies the Ministry of Labor .

But what if I'm currently on sick leave?

"No, the vaccination obligation is linked to the exercise of professional activity in certain places, specifies the CGT, when a public official is on maternity leave, she is not in an administrative position of activity and therefore not subject to the vaccination obligation"

The vaccination obligation should also be applicable on the date of resumption of professional activity.

Can I make an appointment during my work time?

Yes, if you are subject to compulsory vaccination, you are, like any employee, authorized to go get vaccinated on your work time.

Thus, special authorizations of absence are granted "for the time strictly necessary for vaccination during working hours, whether it is carried out by the employer or outside the professional framework (subject to presentation of a proof of a vaccination appointment at a vaccination centre, with a general practitioner, etc.)".

A special leave of absence can also be issued to an employee or public official who has just been vaccinated, in the event of significant side effects on the day and the day after vaccination. a sworn statement indicating that he is unable to work for this reason.

"These absences do not entail any reduction in remuneration and will be assimilated to a period of effective work in the context of determining the duration of paid leave as well as for the legal or contractual rights acquired by the person concerned under of his seniority", specifies the Ministry of Labour.

According to the latest report from Public Health France, as of September 7, just over 88% of caregivers had received at least one dose in hospitals and nursing homes, nearly 94% among liberals. Among the firefighters, the National Conference of Fire and Rescue Services (CNSIS) counted 80% of the workforce "entered into a vaccination schedule" on September 3. On the ambulance side, the National Federation of Health Mobility (FNMS) listed end of August 87% of employees vaccinated or about to be. On the other hand, "13% of the profession would not be vaccinated and would not wish to be", worries its president Thierry Schifano, who says he has "raised the alarm signal" with the Ministry of Health.82, 7% of the adult population has received, to date, complete vaccination coverage in France.