Regardless of our status, whether as employees or employers, we are all equally concerned these days about the effects that the spread of the epidemic known as COVID-19 can have on an individual or collective level, primarily on health but also economically. We work from home, adopt a flexible schedule as much as possible, and avoid interactions, but what do we do if we find ourselves in the unfortunate situation of being suspected of having the coronavirus? Who do we turn to? Do we have the right to medical leave? Is medical leave paid? These are just some of the questions we tried to answer below:

Important to know: What should you do if one of your employees is confirmed with COVID-19?

In the case of an employee confirmed with COVID-19, the employer is obliged to inform the Public Health Directorate (DSP) within the jurisdiction where they operate, in order to initiate procedures for conducting the epidemiological investigation. Additionally, the employer is required to inform employees about the procedure for granting medical leave in the case of quarantine and home isolation.

Important to know: What are the steps for issuing medical leave in case of quarantine?

Employees directly affected by the effects of the Coronavirus and who have been subjected to quarantine, either at home or in specially designated spaces, are entitled to medical leave and allowance.

Initially, the public health departments will issue a quarantine certificate that will specify the duration of the quarantine period, taking into account the recommendations of the Ministry of Health and the existing epidemiological context. The certificate can be picked up by a representative of the quarantined person. Based on this certificate, the family doctor will issue the medical leave certificate in case of quarantine.

According to the provisions of Government Emergency Ordinance (OUG) 158/2005 and Article 60 (2) of the Implementing Rules, in the case of medical leave for quarantine, the employee is not obliged to submit the certificate for the previous month to the employer by the 5th of the current month, but rather by the end of the current month. Thus, the employee can submit the medical leave certificate after leaving isolation/quarantine.

The duration of quarantine leave does not reduce the number of medical leave days granted to an insured person for other types of illnesses. Also, in the case of quarantine leave, the restriction regarding the maximum duration of medical leave that can be issued by the family doctor, i.e., 10 calendar days, does NOT apply.

The allowance for quarantine medical leave is 75% of the calculation base established according to the law and is fully covered by the budget of the National Health Insurance Fund.

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What is the difference between quarantine and home isolation?

The Ministry of Health has provided the following clarifications regarding the difference between quarantine and home isolation:

Quarantine is instituted for all persons who do not show symptoms but who return from areas with extensive community transmission of the new coronavirus (COVID-19). Quarantine will last for a period of 14 days and will be organized in specially designated spaces, provided by the local authority in collaboration with the Public Health Directorate.

Home isolation is instituted for persons who do not show symptoms but:

– Have traveled in the last 14 days to regions/localities in areas affected by COVID-19, other than those with extensive community transmission.
– Have been in direct contact with people showing symptoms who have traveled to areas with extensive community transmission.
– Have been in direct contact with people who have been confirmed with coronavirus (COVID-19).
– Are family members of a person who falls into one of the above situations.

These persons will self-isolate at home for a period of 14 days from the date of returning from travel or from the date of the last contact with a symptomatic/confirmed person. During this time, they will be monitored by the family doctor or, in the absence of one, by the Public Health Directorate.

Additionally, self-isolation applies to all family members and people living at the same residence, for a period of 14 days from the date of returning from travel or from the date of the last contact with a symptomatic/confirmed person. Thus, if one family member is in self-isolation, the measure also applies to the spouse or children.

Everyone is obligated NOT to leave the declared residence where they are during the self-isolation period.

If the rest of the family does not want to enter isolation with the person who traveled, then they must request institutional quarantine from the Public Health Directorate. This option is only possible if the person has NOT previously had contact with the family!

Do people in self-isolation receive medical leave?

– First of all, it is important to contact your employer to inform them that you are in home isolation.
– At the end of the self-isolation period, employed persons are entitled to medical leave.
– The medical leave will be issued by the family doctor after leaving isolation, based on the DSP certificate, without the need for an employer’s certificate.