If a person is in a temporary work incapacity situation, Romanian legislation provides the right to medical leave and allowance, regulated by Emergency Ordinance no. 158/2005 on sick leave and health insurance allowances. These measures are intended to protect insured individuals during the period they cannot perform professional activities due to illness or accident.
How are allowances for temporary work incapacity granted?
Allowances for temporary work incapacity are covered in two stages:
- By the employer: For the first 5 days of temporary work incapacity, the allowance is paid by the employer, except in cases where isolation measures are applicable, according to Law no. 136/2020.
- From the National Health Insurance Fund: After the mentioned period, the allowance is covered by the state, from the budget of the National Health Insurance Fund. In some cases, the allowance is paid starting from the first day of incapacity (for certain categories of insured individuals, including isolated persons).
Duration of leave and allowance
The medical leave for temporary incapacity to work cannot exceed 90 days within a one-year period, tarting from the 91st day, under certain conditions, it may be extended up to 183 days with the approval of the social insurance expert physician.
For certain special diseases or severe conditions, such as cardiovascular diseases, tuberculosis, neoplasms, and AIDS, the duration of sick leave and allowances can be significantly extended. For example, for AIDS or neoplasms, the duration can reach up to one and a half years, while for tuberculosis or severe burns, sick leave and allowance are granted for the entire treatment period.
Disability pension
If a person is not recovered by the end of the maximum allowance period, the specialist doctor may propose disability pension. However, if there are chances of recovery, the doctor may propose extending the sick leave to avoid premature pensioning.
Pensioners who are in a temporary work incapacity situation benefit from the same rights as other insured individuals, with certain exceptions. They can receive allowances even during vacation or unpaid leave, according to legal provisions.
Allowance calculation
The allowance for temporary work incapacity is calculated based on the calculation base established by specific legislation. Generally, the gross monthly amount of the allowance is 75% of the calculation base, while in cases of tuberculosis, AIDS, neoplasms, group A infectious diseases, or medical-surgical emergencies, the allowance can reach 100% of the calculation base.
Disease progress monitoring plan
Doctors who issue medical leave certificates for temporary work incapacity are required to prepare a disease progress monitoring plan. This plan will include therapeutic and hygiene-dietary instructions that the insured individual must follow.
Conclusion
The right to medical leave and allowance for temporary work incapacity represents an important social protection measure for employees and pensioners. It is essential that both employers and insured individuals are correctly informed about the current regulations and fully benefit from all rights provided by law in the case of illness or accident. If you need legal assistance or consultations regarding these rights, feel free to contact a specialized lawyer.
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