Starting with August, new regulations regarding the granting of medical leave have entered into force. According to the Order no. 1,398 / 729/2021 for the modification and completion of the Norms for the application of the provisions of the Government Emergency Ordinance no. 158/2005 regarding the holidays and the indemnities of social health insurances, approved by the Order of the minister of health and of the president of the National Health Insurance House no. 15/2018 / 1.311 / 2017, in force since August 1, 2021 and published in the Official Gazette, Part I no. 745 of July 30, 2021, the cumulative duration of medical leave (for common illnesses) that a person can receive from the family doctor in a year has been reduced from 30 to 28 calendar days in the last year and the periods of medical leave for each episode of illness will be granted in at least two stages.

We inform you of the main changes contained in this normative act:

Starting with August, the cumulative duration of medical leave (for common illnesses) that a person can receive from the family doctor in a year has been reduced from 30 to 28 calendar days in the last year, counted from the first day of illness, regardless of its cause. After reaching this limit, the medical leave can be taken only from the attending physicians.

A new mechanism for granting medical leave certificates in case of temporary incapacity for work for common diseases has been introduced, which provides for the assessment of health status and monitoring of patients by attending physicians, by drawing up a plan to monitor the evolution of the disease.

The periods of medical leave for each episode of illness will be granted in at least two stages, in order to recover the work capacity of the insured person and his socio-professional reintegration.

Insured persons benefit from medical leave and allowances, based on the medical certificate issued by the attending physician, according to the regulations in force, if the following conditions are cumulatively met:

a) meet the minimum insurance period provided in art. 7 of the Government Emergency Ordinance no. 158/2005;

b) presents the certificate from the payer of indemnities showing the number of days of temporary incapacity for work in the last 12/24 months, except for medical-surgical emergencies, quarantine, infectious diseases of group A, in the case of infectious diseases for which the isolation measure is required, established by a decision of the Government, according to art. 8 para. (2) of Law no. 136/2020 on the establishment of measures in the field of public health in situations of epidemiological and biological risk, as well as in the case of issuing medical leave certificates granted further, for the same episode of illness, by the attending physician who has the obligation to draw up the follow-up plan. the evolution of the disease;

c) in order to manage the number of days of medical leave, the certificate provided in let. b) is also issued in case of maternity leave, for the care of the sick child, as well as in case of maternal risk.

The family doctor will grant in the first stage a maximum of 4 days of medical leave, with a maximum limit of 7 days for each episode of illness, respectively 28 days per year, and the outpatient specialist may grant a maximum of 15 days in the first stage, with the maximum limit of 30 days. If the first stage of the medical leave ends on a non-working day, the medical leave certificate can still be issued on the first following working day, within the maximum limits mentioned.

If the insured person is unable to travel to the doctor’s office in order to grant medical leave, the attending physician (family doctor or outpatient specialist) may provide consultations at home or at a distance.

If after granting the first stage of the medical leave the insured no longer presents for the evaluation of the health condition according to the plan for following the evolution of the disease, as well as in the situation when the evolution of the insured’s health condition is favorable as a result of his compliance Following the evolution of the disease, the attending physicians will no longer grant medical leave.

As an exception, treating physicians will not draw up a plan for monitoring the evolution of the disease in case of issuance of medical leave certificates for some special diseases (cardiovascular diseases, AIDS, neoplasms and tuberculosis), for medical-surgical emergencies, for group A infectious diseases and for infectious diseases for which the measure of isolation is required, as well as in the situation when the insured is hospitalized.

Also, medical leave for maternity, for the care of the sick child, as well as in case of maternal risk, can be granted in a single stage, without the need to draw up a plan for monitoring the evolution of the disease.

The provision is maintained according to which, after the expiration of the medical leave granted on leaving the hospital, if the insured person’s health condition does not allow the resumption of activity, the family doctor, based on the medical letter issued by the hospital doctor, may extend the medical leave by a maximum. 7 calendar days for the same condition without the need to draw up a plan for monitoring the evolution of the disease.

Insured persons are entitled to leave and allowance for the care of children with serious illnesses up to 18 years of age, as well as to medical leave and maternity risk allowances, which are granted to insured persons, pregnant employees and mothers, mothers or nursing mothers, under the conditions provided by the Government Emergency Ordinance no. 96/2003 on maternity protection at workplaces.

Also, people who travel in personal interest in areas where there is an epidemic, epidemiological or biological risk with a highly pathogenic agent, although these conditions were known at the time of initiation and who, on returning to Romania, not to become factors risk for the persons they come in contact with, go on quarantine leave, will benefit from the indemnity borne by FNUASS only for a period of 5 days.

In order to have access to complete information regarding the clarifications brought to the above measure, download Smart Update August no.1 2021 and send it to your colleagues!