As of April 16, Emergency Ordinance No. 49/2020 has come into effect, introducing changes regarding the granting of medical leave and social health insurance benefits during the state of emergency.

The most important changes brought about by this regulation are:

– Benefits related to medical leave certificates issued during the state of emergency can be requested based on supporting documents by eligible individuals and by benefit payers within 180 days from the end of the state of emergency; the amount of the requested benefits will be paid at the level applicable during the period specified in the medical certificate.

– During the state of emergency, individuals who are prohibited from continuing their activities and who have been placed under quarantine due to a suspicion of COVID-19 infection are entitled to quarantine leave and benefits, regardless of the location of the quarantine (whether institutionalized, at a location declared by the quarantined person, or through isolation). These benefits are granted for a period and based on documents specified by an order of the Minister of Health, depending on the evolution of the epidemiological situation. For individuals in the aforementioned situations, medical leave certificates are issued by family doctors after the last day of the quarantine period, but no later than 30 calendar days from the end of the state of emergency.

– The gross monthly amount of the benefit for the situations mentioned above is 75% of the calculation base established according to Article 10 of Emergency Ordinance No. 158/2005 (generally, the average gross monthly income from salaries and salary-related sources over the last 6 months within the last 12 months that constitute the contribution period).

– The duration of the benefit for caring for a sick child under 7 years old, and for a child with disabilities due to concurrent conditions up to the age of 18, is a maximum of 45 calendar days per year for one child, except in cases where the child is diagnosed with infectious diseases, is immobilized in specific immobilization systems for the locomotor apparatus, or undergoes surgical interventions. In these cases, the duration of medical leave is determined by the specialist doctor based on the progression of the illness (the requirement for approval from the social insurance expert after exceeding 90 days is removed).

Keep your team updated with the latest legislative news in the HR field! For complete information on this subject, including access to a comparative table of current provisions and those prior to the amendments introduced by Emergency Ordinance 49/2020, download Smart Update April No. 7 2020 and share it with your colleagues.