As part of the measures accompanying the gradual deconfinement linked to COVID-19, the National Health Fund (CNS) has been seized with a number of questions concerning the issuing of medical certificates or attestations by health professionals for persons at risk or vulnerable individuals.
Persons considered to be at risk or vulnerable to COVID-19 belong to populations at greater risk of developing severe forms of illness, intensive care admissions or death, and the "vulnerability" meets the criteria of the recommendation dated 22 April 2020 of the Director of Health and validated by the High Council on Infectious Diseases.
Following a consultation, the attending physician may draw up a vulnerability certificate. This vulnerability certificate is not in any way a certificate of incapacity for work (Article 45 of the CNS-AMMD Convention) but a certificate to be given by the protected person to their employer and to the occupational health practitioner.
Upon receipt, the employer will ensure that the employee can carry out their duties in complete safety and health, either by adjusting their work (staggered working hours, work stations without exposure to the public, workstation layout, special norms, etc.) or by teleworking when possible.
Consequently, such cases are not to be considered as incapacity for work within the meaning of the provisions in force. From that point on, the Labour Code is applicable.