The law 183/2015 eliminates the possibility that a commission established by the employer checks an employee in case of suspicion of execution the temporary disability leave on Friday, July 10. This law changes OUG 36/2010 which established the conditions for the creation of such a commission for employee verification and the consequences of the refusal to accept the verification.

The workers have the right to benefit from sick leave granted for temporary disability caused by illness or accidents occurring out of the working hours or the work office under Government Emergency Ordinance no. 158/2005.

In the period of the sick leave, the employer was able to check the employee at home, in case of suspicion that the employee didn’t take correctly the sick leave, according to Government Emergency Ordinance no. 36 / 2010.

 

The Ordinance 36/2010 which stipulated the verification of employees on sick leave was adopted as a result of  the increasing number of the sick leave. This increase involves, also, reducing the budget of the National Health Insurance and the business productivity.

The control could be executed by a checking commission that is presented at the residence of the employee, between 8:00-11:00, 12:00-17:00 and 18:00-20:00. If the employee refuses to be controlled or the commission finds that he abused the right to the sick leave, the employee may lose the temporary disability allowance.

The verification was preceded by a report signed by the committee, which may be appealed within 30 days of the communication to the employees.The removal of the verification committees of sick leave was justified by the argument that the legislation "is excessive and, in practice, it was found that the absence of the person at home in a sick leave is not a reason to suspend his rights".

The law 183/2015 repeals the following items of GEO 158/2005:

• Article 1, paragraph 1, letter c) that provided the employee obligation on sick leave to be present at home or at the indicated address, as appropriate, within the time period and the conditions laid down by the implementation of this ordinance, in order to the be verified by the representatives of the payers of health insurance benefits;
• Article 1, paragraph 15 that determine who can perform the verification and the consequences of the refusal of the employee to be verified;
• Article 15 which provided the approving of the ordinance application norms.

 

To qualify for the granting of sick leave and implicit the health insurance indemnity, the employee must meet the following conditions as stipulated in GEO 158/2005, Article 3 ^ 1, as amended and supplemented:

•  meets the minimum contribution period stipulated by the present emergency ordinance
•  submits the certificate from the paying of the indemnities showing the number of days of temporary disability leave taken in the last 12 months, except emergencies, surgical or infectious diseases in Group A.

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