This is how an ERTE affects in case of sick leave, maternity or paternity

Employment

The SEPE resolves what happens when you are already in this situation or start the ERTE

What is an ERTE and what are your rights as a worker?

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The temporary employment regulation files (ERTE) have become the main instrument of companies to manage the blow of the coronavirus in employment. Entering one supposes the suspension of employment and going on to collect 70% of the average regulatory base of the 180 days prior to entering the ERTE, or less if those six months are not reached.

As has happened in various ERTEs presented in large companies, employers can complete the workers' salary up to 100%. But if the focus is placed on certain situations, such as workers who are on sick leave when the file is issued or who enjoy maternity and paternity leave, what happens to them?

The cases can be resolved according to the casuistry, based on the answers of the guides of the State Public Employment Service (SEPE). In summary, in any case, it is that rights are not lost and some benefits are replacing others when they come into force. force or expire.

What happens if I am sick and the company makes an ERTE?

If the company presents an ERTE of suspension or reduction of working hours, "its measures will not affect it until it presents the medical discharge", they explain from the SEPE.

To give an example, if a person is discharged in February and the company makes an ERTE in March for three months, if they are discharged after the date of the ERTE, for example in April, "at that time the measure of suspension, accrediting the end of the temporary incapacity with the presentation of the medical discharge report”.

What happens if I am on maternity or paternity leave?

Very similar answer to the previous one. The ERTE will not affect until “the rest period for maternity or paternity leave ends”.

What happens if the leave starts during the ERTE?

If a temporary disability leave is initiated due to a common contingency during the ERTE, “the SEPE, by delegation of the National Social Security Institute (INSS), will pay you the temporary disability benefit, the amount of which will be equal to the unemployment benefit, with the corresponding consumption of benefit days”. Leave due to coronavirus is considered temporary disability.

In a practical case, if a worker affected by an ERTE that goes from 03/01/2020 to 08/31/2020 has a recognized benefit of 720 days. If in the month of April you are on sick leave (30 days), the SEPE, by delegation of the INSS, would pay you the temporary disability benefit in the same amount as the unemployment benefit. The 30 days of temporary disability are consumed from the duration of the benefit (720 days of benefit-30 days received for leave = 690 days of benefit remain at the end of the leave).

If a maternity or paternity leave begins during the ERTE “the payment of the unemployment benefit will be suspended and the maternity or paternity benefit will begin to be collected, managed directly by Social Security. Once the maternity or paternity benefit ends, the unemployment benefit will resume for the time remaining to be received (calculating as in the previous case) and the amount that corresponded to it at the time of suspension. points.

How is a disability leave justified if I get sick during an ERTE?

In this casuistry, thinking that a worker may become ill with coronavirus cannot be ruled out, if a disability leave is given while unemployment is being collected during an ERTE, the medical leave part must be presented to the State Public Employment Service and, in its case, the confirmation reports, as well as the medical discharge. “The situation of temporary incapacity will not interrupt the payment of the benefit”; point from the SEPE.

What happens if I am on leave to care for my son or daughter and the company issues an ERTE?

"If your company carries out an employment regulation procedure while you are on leave, you will continue in the period of leave and the employment regulation will affect you when said period ends," explains the SEPE.

All doubts and assumptions about the application of an ERTE or labor measures due to the coronavirus can be consulted on the SEPE portal.