Medical Leave in Romania (Concediu Medical)

In Romania, “concediu medical” refers to medical leave, a legally protected absence from work due to illness or injury. It’s an important right for employees, allowing them time to recover without jeopardizing their employment or income.

Eligibility

To be eligible for medical leave, employees must be insured with the Romanian national health insurance system (Casa Națională de Asigurări de Sănătate – CNAS) and have contributed to the system for at least six months in the last 12 months before the leave begins. Certain exceptions may apply, particularly for urgent medical conditions.

Applying for Medical Leave

The process starts with a medical evaluation by a licensed physician. If the doctor deems the employee unfit for work, they will issue a medical certificate (“certificat de concediu medical”). This certificate details the diagnosis (expressed as a code), the recommended duration of the leave, and other relevant medical information.

The employee is then responsible for submitting the medical certificate to their employer within five working days of its issuance. Failure to do so may result in delays in receiving compensation.

Duration of Medical Leave

The duration of medical leave varies depending on the medical condition. Generally, the initial medical certificate can be issued for up to 30 days. If further leave is needed, the employee must undergo another medical evaluation and obtain a new certificate. The maximum duration of medical leave that can be covered by CNAS within a calendar year is typically 183 days, although exceptions exist for specific illnesses, such as tuberculosis or certain occupational diseases.

Compensation

During medical leave, employees receive a daily allowance (“indemnizație de asigurări sociale de sănătate”) from CNAS. The allowance is calculated as a percentage of the employee’s average gross monthly earnings from the previous six months. The percentage varies depending on the specific illness or condition. For example, common illnesses like colds or flu typically have a lower percentage than more serious conditions like cancer.

The employer is responsible for paying the allowance for the first few days of the leave (typically 5 days, but this can vary based on the Collective Labor Agreement), after which CNAS takes over the payment. The process involves the employer submitting the necessary documentation to CNAS for reimbursement.

Employer Responsibilities

Employers are obligated to accept valid medical certificates and ensure that employees receive the appropriate compensation. They cannot terminate an employee’s contract solely because they are on medical leave. Furthermore, employers must protect the employee’s job and allow them to return to their previous position or an equivalent one after the leave ends.

Important Considerations

The regulations surrounding medical leave can be complex and subject to change. It is always advisable to consult with a labor lawyer or HR professional for specific guidance. Additionally, employees should carefully review their employment contract and any applicable Collective Labor Agreements to understand their rights and obligations regarding medical leave. Staying informed about the latest legal provisions ensures that both employees and employers comply with the law and maintain a fair and supportive work environment.