The regime of medical leave in the situation of home or hospital isolation following SARS-CoV-2 infection has been regulated since March of this year. Since then, the model of certificates in force, who issues them, and the amount of the indemnity associated with these leaves have been modified. In the article below, we have included all updated information, including the procedure for issuing medical certificates if a colleague is diagnosed with Coronavirus.

The most important change is that, starting September 7th, a new unified model of the medical leave certificate has been approved. This certificate grants indemnities to those insured in the social health insurance system and the insurance system for work accidents and occupational diseases. Additionally, infectious-contagious diseases requiring isolation have been specifically included and highlighted under code 51 in the new medical certificate model.

Important to Know: What Should You Do if an Employee is Confirmed with COVID-19?

If an employee is confirmed with COVID-19, the employer is obligated to inform the Public Health Directorate in the area where they operate to initiate the procedures for conducting the epidemiological investigation. The employer must also inform employees about the procedure for granting medical leave in the event of quarantine and home isolation.

If the employee has been in contact with a confirmed positive person or if the disease was confirmed after testing, they must contact their employer to notify them that they are in isolation.

How are Medical Leaves Issued in Case of Home or Hospital Isolation?

Employees directly affected by the effects of the Coronavirus and subjected to isolation, whether at home, in specially arranged spaces, or in medical units, are entitled to medical leave and indemnity.

Depending on the specific symptoms and the location where isolation is applied, whether at home or in medical units, the procedure for issuing medical certificates is as follows:

1. Insured persons subjected to isolation measures, as per the law, in healthcare facilities or an alternative location attached to a healthcare facility, are entitled to medical leave for the entire period of isolation. For these individuals:
– The attending physician issues the medical leave certificate upon discharge from the hospital, covering both the hospitalization period and, if necessary, the period post-discharge, with the corresponding indemnity code recorded. Medical leave certificates are issued for periods of up to 30/31 calendar days.
– If, after the expiration of the medical leave granted upon discharge from the hospital, the insured person’s health does not allow them to return to work, the family doctor can extend the medical leave for the same condition.

2. For insured persons subjected to isolation in a healthcare facility or an alternative location attached to a healthcare facility who can be discharged under the condition of home isolation or at a declared location:
– The attending physician who treated and discharged the patient issues the medical leave certificate for the duration of the hospitalization and may grant medical leave upon discharge until the maximum isolation period is reached or for a period determined by the physician.
– If the attending physician who treated and discharged the patient did not issue a medical leave certificate upon discharge, the certificate for the period of home isolation or at the declared location is issued by the family doctor, who monitors the person’s health via telemedicine or remote consultations.
– The medical leave certificate is granted for a duration that does not exceed the maximum isolation period from the time of hospitalization or for a period established by the attending physician and communicated through a medical letter to the family doctor.
– “Initial” medical leave certificates will be issued for the hospitalization period.

3. If the insured person’s hospitalization date is after the date of the first test confirming the infectious-contagious disease, for this period:
– The medical leave certificate is issued by the family doctor based on the document issued by the public health directorate, which includes information about the date of the first test, the date of confirmation of the disease, and the hospitalization date of the sick person.
– “Initial” medical leave certificates will be issued.

4. The insured person confirmed with an infectious-contagious disease for which home isolation or at a declared location was imposed, on the recommendation of the physician who evaluated them without hospitalization:
– Is entitled to medical leave granted by the family doctor for the entire period specified in the document issued by the public health directorate, which includes information about the doctor who evaluated the case, the healthcare facility where the evaluation was conducted, and the recommendation for isolation, specifying the period for which this measure is imposed.

5. For insured persons for whom isolation is imposed until infection with an infectious-contagious disease is confirmed (persons showing symptoms specific to the case definition, as well as those who, after diagnosis confirmation through specific paraclinical investigations, do not show symptoms requiring hospitalization or isolation in a healthcare facility or alternative location):
– Medical leave certificates are issued by the family doctors who have registered and monitored these persons. In these cases, the duration of the medical leave is determined by the family doctors depending on the disease’s progression and the monitoring period, according to the order of the Minister of Health regarding the approval of plans on how county public health directorates, the Bucharest municipality, the National Institute of Public Health, and healthcare facilities implement public health measures in situations of epidemiological risk of SARS-CoV-2 infection.
– If these persons require hospitalization in healthcare facilities or an alternative location attached to a healthcare facility, the medical leave certificate will be issued by the attending physician.
– “Initial” medical leave certificates will be issued.

What is the Indemnity Amount and Which Budget Covers It?

Starting in September, the quarantine medical leave indemnity reached 100% (up from 75% previously) of the calculation base established by law and is fully covered by the National Health Insurance Fund budget.

The medical leave certificate issued by the family doctor or attending physician is submitted to the employer. According to the provisions of Emergency Ordinance 158/2005 and Article 60 (2) of the Application Norms, in the case of medical leave for isolation, the employee is not required to submit the certificate for the previous month to the employer by the 5th of the current month but by the end of the current month. Thus, the employee can submit the medical leave certificate after exiting isolation.

Medical leave certificates granted to individuals for whom isolation measures were imposed are issued after the last day of the isolation period but no later than 30 calendar days from the last day of isolation.

If the isolation period exceeds 90 days, these medical leave certificates do not require the approval of the social insurance expert doctor.

The duration of isolation leave does not reduce the number of medical leave days granted to an insured person for other types of conditions. Additionally, in the case of isolation leave, the restriction on the maximum duration of medical leave that the family doctor can issue, namely 10 calendar days, does not apply.

Insured persons are entitled to leave and indemnity for temporary work incapacity without meeting the insurance period requirement.