Smart Update: News on Medical Leave

As of yesterday, new regulations regarding medical leave and social health insurance benefits have come into effect, introduced by Emergency Ordinance No. 126/2020, which amends the Government Emergency Ordinance No. 158/2005.

Insured individuals are entitled to leave and allowances for temporary incapacity to work without the requirement of an insurance contribution period in cases of medical-surgical emergencies, tuberculosis, Group A infectious-contagious diseases as determined by a Government decision, neoplasms, AIDS, and infectious-contagious diseases that require isolation.

Allowances for temporary incapacity to work are covered as follows:

A. By the employer, from the first day to the fifth day of temporary incapacity to work, except for allowances related to medical leave certificates issued to insured persons for whom isolation has been mandated according to Law No. 136/2020.

B. From the FNUASS (National Health Insurance Fund) budget, starting with:
a) The day following those covered by the employer, as mentioned in point A above, until the insured person’s temporary incapacity ends or they retire;
b) The first day of temporary incapacity to work for insured persons who earn income in Romania from employers based in countries not covered by applicable European social security legislation, as well as agreements on social security systems to which Romania is a party; persons receiving unemployment benefits; and individuals insured for health insurance benefits based on an individual insurance contract.
c) The first day of temporary incapacity to work for insured persons for whom isolation has been mandated according to Law No. 136/2020.

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