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list of criteria as of October 28, 2022

The criteria for identifying vulnerable people at risk of developing a severe form of the Covid-19 virus are defined in a decree published in the Official Gazette of 28 October 2022. These people can benefit from partial activity under certain conditions. . What are the vulnerability criteria? What are the rules for putting vulnerable people in partial business?



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To benefit from partial activity or special absence authorization (ASA) as a vulnerable person, it is necessary to satisfy one of the vulnerability criteria defined by the decree of 27 October 2022; be assigned to a workstation that may be exposed to high viral densities; not be able to make full use of teleworking, nor benefit from certain enhanced protection measures in the workplace.

This decree of 27 October 2022 is issued in application of article 33 of the amending financial law for the year 2022.

However, the vulnerability criteria and the rules for inclusion in partial activity remain the same with respect to the decree of September 2021.


What are the conditions for benefiting from the partial activity?

The vulnerability criteria for employees who can be included in partial activities were specified by decree published on 28 October 2022 in the Official Gazette. The provisions of this decree apply to work interruptions starting from 1 October 2022.

To be placed in a partial business, employees must meet these three cumulative conditions:

First of allyou must be in one of these situations:

  • Be 65 or older;
  • Having a cardiovascular history (ATCD): complicated arterial hypertension (with cardiac, renal and vascular-cerebral complications), ATCD of stroke or coronary artery disease, heart surgery, NYHA stage III or IV heart failure;
  • Having diabetes that is unbalanced or has complications
  • They have a chronic respiratory disease that can decompensate during a viral infection: obstructive pulmonary disease, severe asthma, pulmonary fibrosis, sleep apnea syndrome, cystic fibrosis in particular;
  • Having severe chronic kidney failure
  • Having progressive cancer being treated (excluding hormone therapy)
  • Having obesity (body mass index (BMI)> 30 kgm2);
  • Have cirrhosis at least at stage B of the Child Pugh score;
  • Having major sickle cell syndrome or a history of splenectomy
  • Being in the third trimester of pregnancy;
  • Be affected by congenital or acquired immunosuppression: drugs, anticancer chemotherapy, immunosuppressive treatment, biotherapy and / or corticosteroid therapy at an immunosuppressive dose, uncontrolled HIV infection or with CD4 <200 / mm3;
  • following solid organ transplantation or hematopoietic stem cells;
  • Be suffering from immunosuppression linked to a haematological malignancy during treatment.
  • Have motor neuron disease, myasthenia gravis, multiple sclerosis, Parkinson’s disease, cerebral palsy, quadriplegia or hemiplegia, primary brain tumor, progressive cerebellar disease or a rare disease;
  • Having trisomy 21.

Secondlyyou must be assigned to a workstation that could expose you to high viral densities.

Thirdlyyou must not be able to fully use teleworking or to be able to work face-to-face benefiting from the following enhanced protection measures:

  • Isolation of the workstation, in particular through the preparation of an individual office or, if not, its arrangement, to limit the risk of exposure as much as possible, in particular by adjusting the working hours or arranging for material protection;
  • Respect, in the workplace and in every place frequented by the person during their professional activity, the reinforced barrier gestures (reinforced hand hygiene, systematic use of a surgical mask when physical distance or in the environment cannot be respected closed, with this mask it is changed at least every 4 hours and before this time if it is wet or humid);
  • No or limited workstation sharing;
  • Cleaning and disinfection of the workstation and the surfaces touched by the person at least at the beginning and end of the shift, in particular when this workstation is shared;
  • Adjustment of arrival and departure times and any other business trips, taking into account the means of transport used by the person, in order to avoid rush hours;
  • Supply by the employer of surgical masks in sufficient numbers to cover commuting from home to work when the person uses public transport.

If you meet these 3 conditions (pathology or situation listed, inability to use telework and insufficient protection measures), you must ask your employer to be placed in partial activity and give him a certificate drawn up by your doctor.


Severely immunocompromised employees can also be placed in a partial activity position if they meet 2 cumulative criteria:

Find yourself in one of the following situations:

  • have received a hematopoietic organ or stem cell transplant;
  • being on lymphopenic chemotherapy;
  • being treated with strong immunosuppressive drugs, such as antimetabolites (cellcept, myfortic, mycophenolate mofetil, imurel, azathioprine) and AntiCD20 (rituximab: Mabthera, Rixathon, Truxima);
  • being on chronic dialysis;
  • case by case, being treated with immunosuppressants without falling into the categories mentioned above or being a carrier of primary immunodeficiency.
  • Not having the possibility to fully resort to teleworking.

For these severely immunocompromised employees, there is no risk of exposure to high viral densities or the impossibility of enhanced protective measures.

Particularly vulnerable employees who do not fully use telework and who justify, by presenting a medical certificate, a contraindication to vaccination can be placed in a position of partial activity. In this case, there is no condition linked to a risk of exposure to high viral densities or to the impossibility of benefiting from enhanced protection measures.

To notice : If you do not agree with your employer on the assessment of these enhanced protective measures (insufficient measures, for example), you must contact the occupational doctor who decides on the situation. You are then placed in a position of partial activity pending the opinion of the occupational doctor.

If the employer considers that the position for which partial activity is requested does not expose you to high viral densities, they must contact the occupational doctor, who decides on compliance with this criterion and verifies the implementation of the enhanced protection measures . Pending the opinion of the occupational doctor, one is placed in a position of partial activity.

Know : vulnerable non-salaried people (liberal professions, artisans-traders, health workers, artist authors, vocational training trainees, salaried executives, etc.) whose workstation can expose them to high viral densities and who cannot benefit from enhanced protection measures they can benefit from a suspension of work in derogation, without applying the waiting period.

A certificate must be requested from a doctor certifying that he is in one of the vulnerable situations described. You will have to go to declare.ameli.fr to make your declaration.


Procedures relating to public officials

A circular governs the system relating to public officials recognized as vulnerable and adapts the provisions of the decree of 8 September 2021 to the public service. From 27 September 2021, this circular replaces the circular 10 November 2020 relating to the identification and terms and conditions for the care of public officials civilians recognized as vulnerable persons.

In the civil service, agents can apply for placement on special leave (ASA) by presenting a certificate issued by a doctor of their choice. Even those who are particularly vulnerable, who cannot telework and who justify, with the presentation of a medical certificate, a contraindication to vaccination can also be placed on extraordinary leave (ASA).


Vulnerable people who do not meet all criteria

For people who do not meet these criteria, the attending physician can also establish a work stoppage if he deems that the conditions for the derogatory work stoppage are met. The interested parties then benefit from the daily sickness allowance under the conditions of ordinary law.

To notice : the vulnerable employees concerned will be able to benefit from the indemnities paid for partial activities up to 31 January 2023 at the latest according to the terms defined by the decree published in the Official Gazette of 31 August 2022.

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Article published on 07/11/2022 at 01:00 | Read 116 times





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