My Rights As Employee: Medical Leave.
- Avocat
- 1 day ago
- 8 min read
When an employee faces health issues that require a recovery period, medical leave becomes an essential tool. According to Romanian legislation, both employees and employers must comply with a series of rules to ensure the proper granting and payment of this leave.
From obtaining the medical certificate to the procedure for notifying the employer and the methods of paying the medical leave allowance, every detail must be managed in accordance with legal regulations to avoid penalties or costly court disputes.
Find out in this article:
1. What is a medical leave?
Medical leave is a right for employees who are temporarily unable to work due to a medical condition.
Medical leave represents the period during which an employee is exempt from work for health-related reasons, being temporarily unable to perform their professional activities. It can be granted for various situations, includin:
Ordinary illness,
Workplace accidents,
Occupational diseases,
Care for a sick child,
Pregnancy and maternity,
Quarantine and other serious conditions.
Medical leave is regulated by Emergency Ordinance no. 158/2005 on social health insurance leave and benefits, its implementing rules (approved by Order 15/2018), Law no. 346/2002 regarding workplace accidents and occupational diseases, and the Labor Code.
2. Procedure for obtaining medical leave
To benefit from medical leave, the employee must follow these steps:
2.1. Consultation with the doctor
The employee must consult with the family doctor or a specialist, who will determine the need for medical leave, the required recovery period, and the medical recommendations the employee must follow to recover.
2.2. Issuance of the medical certificate
The doctor who determines the need for medical leave will issue the medical certificate.The medical certificate must be correctly completed, signed, and stamped by the attending physician. According to Emergency Ordinance no. 158/2005, it can be issued either on paper or electronically and can be transmitted to the employer in either physical format or through remote electronic communication methods. In the case of electronic transmission, the medical certificate must be signed by the attending physician with a qualified electronic signature.
2.3. Submitting the certificate to the employer
The employee is required to present the medical certificate to the employer within 5 days of the month following the one for which the leave was granted, with certain exceptions explicitly provided by law.
2.4. Transmission to the Health Insurance House
The employer centralizes the medical certificates and sends them to the National Health Insurance House (CNAS) for reimbursement.
3. Employee's obligations during medical leave. Employment lawyer.
To benefit from the rights provided by medical leave and avoid potential penalties or refusal of payment for the leave indemnity, the employee must comply with several legal obligations. These are essential for maintaining the contractual relationship with the employer and ensuring compliance with applicable regulations.
3.1. Informing the employer
The employee is required to notify the employer about their temporary inability to work as soon as possible, even before obtaining the medical certificate. Notification can be made by phone, email, or other internally agreed methods.
This obligation is important because it allows the employer to organize the work in the employee's absence and ensures that all necessary documents for granting medical leave are properly handled.
If the employee fails to notify the employer on time and delays submitting the medical certificate beyond the legal timeframe, the employer may (under certain conditions) refuse to pay the indemnity until the situation is clarified.
3.2. Compliance with medical recommendations
Doctors who issue medical leave certificates for temporary work incapacity are required to create a disease progression monitoring plan, in accordance with the current legislation. This plan aims to monitor the patient's health status and establish the necessary measures for recovery.
What does the disease progression monitoring plan include?
According to the implementing rules of Emergency Ordinance no. 158/2005, the disease progression monitoring plan must include at least the following elements:
Therapeutic recommendations
Prescribed medication (name, dosage, frequency of administration)
Necessary medical procedures (physiotherapy, additional investigations, regular medical check-ups)
Recommendations for surgeries or other specific treatments, if applicable
Hygienic-dietary recommendations
Diet tailored to the patient's health condition
Permissible level of physical activity
Adherence to specific hygiene and prevention measures to accelerate recovery
Periodic health status monitoring
Scheduling medical check-ups for patient reassessment
Establishing criteria for the doctor to decide on the extension of medical leave or return to work
The patient's obligation to return to the doctor for additional evaluations, if necessary
Instructions for patient compliance
Following medical recommendations, including correct medication administration
Avoiding activities that could worsen the health condition
Adhering to the rest period at home, if prescribed by the doctor
3.3. Obligations of the employee on medical leave
During medical leave, the employee must follow the treatment prescribed by the doctor, as outlined in the above plan.
Failure to comply with these recommendations may lead to the worsening of the health condition and even the suspension of the right to medical leave indemnity if it is found that the employee engages in activities incompatible with their health condition. Additionally, if the patient does not adhere to the disease progression monitoring plan, the doctor may decide to interrupt the medical leave, and the competent authorities may refuse to pay the medical leave indemnity.
In some cases, the authorities may conduct checks to ensure that the employee is following the prescribed rest period. If a control reveals that the employee is not at home without a justified reason, they risk sanctions, including losing the right to indemnity for the medical leave period.
3.4. Submission of supporting documents for medical leave
The employee must submit the medical certificate to the employer within the legal timeframe.
In the case of extended medical leave or if the employee is hospitalized, they must provide the necessary supporting documents for the extension of the leave. If the documents are not submitted on time, the indemnity may be withheld until the situation is clarified.
4. What obligations does the employer have regarding medical leave? Employment lawyer.
The employer has several legal obligations related to the employee's medical leave that must be followed to ensure compliance with labor legislation and to protect the employee's rights. These obligations include both administrative aspects and those related to the payment of the medical leave indemnity.
4.1. Verifying and accepting medical leave certificates
The employer is obligated to verify the accuracy of the medical leave certificates submitted by employees. These must be issued by an authorized doctor and comply with the legal procedures established. The employer must ensure that the documents are complete and that there are no discrepancies or errors that could lead to the rejection of the leave.
4.2. Sending the medical leave certificate to the National Health Insurance House (CNAS)
The employer must send the medical leave certificate to CNAS to ensure the payment of the medical leave indemnity by the institution. Typically, this is done electronically, but it can also be done on paper. The employer is responsible for ensuring that the documents are sent within the established deadline so that there are no delays in the indemnity payment.
4.3. Payment of the medical leave indemnity
The medical leave indemnity is covered as follows:
The first 5 days are covered by the employer.
The remainder of the period is paid from the National Health Insurance Fund (FNUASS) through CNAS.
The duration for granting the indemnity for temporary work incapacity is a maximum of 183 days within a year, starting from the first day of illness. Starting with the 91st day, the leave can be extended by the specialist doctor up to 183 days, with the approval of the social insurance expert doctor.
The duration of medical leave and the indemnity for temporary work incapacity is extended in the case of certain special diseases and types of burns. These categories benefit from longer periods of medical leave due to the complexity and severity of the respective conditions.
4.4. Ensuring job protection
The employer cannot terminate the employment contract of an employee who is on medical leave. According to the law, the employee is protected during the medical leave period, and any termination of the employment relationship during this period would be illegal, except for very specific and regulated circumstances.
4.5. Ensuring the confidentiality of medical information
The employer must treat the employee's medical information confidentially. Details regarding the employee's health condition cannot be disclosed without their consent, and the employer cannot request additional information about the employee's illness other than what is strictly necessary for managing the medical leave.
5. When can the employer withhold or refuse the medical leave indemnity?
There are certain cases where the medical leave indemnity may be refused or withheld by the employer. Such cases are exceptional and explicitly provided by law:
5.1. In the case of fraud regarding the granting of medical leave.
If the employer suspects fraud regarding the granting of medical leave, they can notify the health insurance house for further checks.
The control of how medical leave is granted, and the issuing of medical leave certificates is carried out by teams formed from specialized personnel within the structure of CNAS and health insurance houses. In the event of fraud, CNAS can refuse to pay the medical leave indemnity.
This prerogative of the employer should only be used exceptionally, when there are objective suspicions of fraud. If the employer abusively refuses to pay the indemnity and the notification made to the health insurance house is unfounded, they may be subject to contravention sanctions.
5.2. If the medical certificate contains errors.
Employers, as payers of medical leave, have the following obligations:
To verify the elements that must be included in the medical leave certificate, as provided in the Instructions for the use and completion of medical leave certificates, approved by the Minister of Health and the President of CNAS.
To manage the number of medical leave days for each insured individual and for each condition.
To reject payment of medical leave certificates that are incorrectly completed by prescribing doctors.
5.3. If other legal conditions are not met.
Employers have the right to refuse payment of medical leave indemnities in the following cases:
There is no proof of the status of the insured for health insurance social benefits;
The full insurance period is not met, with exceptions provided by law;
The medical leave certificate is not fully completed by the doctor who issued/endorsed it;
The medical leave certificate is not submitted within the legal deadlines;
Medical leave certificates are issued retroactively outside the situations provided by law;
Medical leave certificates exceed the maximum durations specified by these regulations.
If the employer finds a justified case of refusal, they have the right to notify the health insurance house with which the doctor who issued the certificate has a contract. The notification must include the following information: the name and identification details of the employer, a detailed description of the cases, a copy of the medical leave certificates to be checked, the history of medical leave granted to the employee, and the confirmation of fulfilling the contribution period. Notifications that do not meet these requirements or are anonymous will not be considered and will be closed.
If, after investigation, the health insurance house finds that the employer's refusal to pay the medical leave indemnity was unjustified, the employer may be fined between 3,500 and 6,000 lei. Furthermore, the employer will be required to pay the medical leave indemnity to the employee along with any late penalties or damages.
Thus, the employer has the right to initiate investigations and notify the competent authorities if there are suspicions of abuse by the employee regarding the granting of medical leave. On the other hand, the employee is protected from an abusive refusal by the employer, with the competent authorities taking appropriate measures following the investigation.
Comments