Le 20/05/2020
Clémence Clautour

COVID-19 : Change in the (social security) scheme for derogatory sick leaves from May 1st

Every day, the constant evolution of regulations and of its administrative reading in this pandemic context questions several legal positions, which were generally accepted, especially for payroll processing.


To deal with this situation, our payroll employees and our legal experts are on alert and swing into action to maintain a permanent legal watch and adapt our positions as far as possible. They work closely together with the IT publishers of our payroll software.


This is why we are keeping you informed of the progress in the scheme for derogatory sick leaves :


The government, according to a 2nd amended Finance law of April 25, 2020, has stated that employees falling under the scheme of derogatory sick leave (parents of children under 16 at home, vulnerable individuals….) will now fall under the scheme of partial activity form May 1st, 2020.


This new system shall apply from May 1st, 2020, including employees who currently benefit from a previous derogatory sick leave. 

The procedures for applying this new system must be specified by decree (procedure, potential adjustments of the general mechanism of partial activity….) 


This measure involves a compulsory communication between the employer and the employee involved :

  • Employees on sick leave for childcare : same communication as before, between the employee and the employer. The employee cannot resume work because the school or day care center of his child is closed. He will renew, if necessary, his previous sworn statement.
  • Vulnerable employees on sick leave or Employees living with a vulnerable individual : The employee will provide his employer with a certificate proving that he needs to be isolated and thus unable to access to his workplace. This certificate must, as far as possible, be transmitted before May 1, 2020 (as recommended by the Ministry of Labor).


In all cases, the employer will declare partial activity  for his employee within 30 days following May 1, with effect to May 1, 2020.


For sick leaves extending over the month of May, an early job recovery notification must be sent through the DSN (Social contribution declaration) by the payroll service.





Sick leaves for childcare

Sick leaves for safety precaution (vulnerable individuals)

Sworn statement

Certificate of isolation





Signal the job recovery through the DSN

Employee in partial activity

Employee not yet in partial activity

Declare the employee as in partial activity from May 1st

Complete the necessary procedures to benefit from partial activity


For any additional information, please contact us at conseilrh@bakertillystrego.com or contact your payroll assistant.