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Return of caregivers not vaccinated against Covid-19: 5 questions to better understand



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A decree published on Sunday in the Official Journal authorizes caregivers who had refused to be vaccinated against Covid-19 to return to work. How will this return to the workplace take place?

In the midst of the Covid-19 epidemic, the government had decided in August 2021 to suspend from their duties the caregivers who had not wanted to be vaccinated against Covid-19. 4000 professionals and 2000 liberals were concerned according to health insurance.

A sanction which is no longer in force since Monday, May 15, 2023. The government published in the Official Journal a decree allowing caregivers to return to work. This political decision follows the recommendations of the High Authority for Health (HAS) of March 30.

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Covid-19: the government publishes the decree authorizing the return of non-vaccinated caregivers

This change raises several questions: the Dispatch detail them for you.

When can caregivers return?

The measure takes effect immediately. Caregivers who have not been vaccinated against Covid-19 can resume their work from this Monday, May 15, 2023. For private sector employees, the decree puts an end to the suspension of the contract. Each suspended professional had to be contacted by his head of public establishment, to indicate to him the post of assignment and the date of resumption.

Can caregivers return to the initial workstation?

Yes, suspended nursing staff must be reinstated in the same position as before their suspension or in an “equivalent” position, indicates a ministerial instruction published on May 2. If the staff refuses the position offered by the employer, they may be subject to formal notice or even expulsion. A national mediation mechanism can be activated.

Is the vaccination obligation for caregivers lifted?

The deputies voted on May 4, 2023 a bill to repeal the vaccination obligation for caregivers (157 votes for, 137 votes against). The text must soon be voted by the Senate. The government preferred a simple suspension of the obligation.

If Covid-19 returns, can caregivers be suspended again?

Yes, the government retains the possibility of again suspending non-vaccinated caregivers if the Covid-19 epidemic rages again. He would then have to issue a new decree.

How will the cohabitation with the vaccinated take place?

Part of the medical profession has denounced, through the voice of the unions, this possibility offered to non-vaccinated people to return to work, seeing it as sending a bad signal when the Covid-19 has never completely disappeared. Other unions believe that this reinstatement is necessary because of the lack of personnel. Health professionals fear the appearance of tensions in the services that will be reintegrated by non-vaccinated caregivers.

Should the non-vaccinated caregiver warn his patient?

No decree or text of law will oblige his patient to warn him that he is not vaccinated against Covid-19. A patient can ask the question to his doctor but the latter will not be obliged to answer him, medical secrecy obliges.

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