• Order No. 1398/729/2021
  • Government Decision No. 829/2021
  • Law No. 221/2021
  • Law No. 208/2021

Order No. 1398/729/2021

Order no. 1398/729/2021 published in the Official Gazette no. 745 of July 30, 2021, amending and supplementing the application rules of the provisions of Government Emergency Ordinance no. 158/2005 on medical leaves and social health insurance allowances, approved by the Order of the Minister of Health and of the President of the National Health Insurance House no. 15/2018/1311/2017, brings the following clarifications:

Comment: This normative act regulates among others, the following:

  • The template for the framework insurance contract for medical leaves and social health insurance allowances for natural persons, other than those mentioned in Art. 1, par. (1) of GEO 158/2005;
  • The obligation to issue a doctor’s certificate also for maternity leave certificates, for the care of a sick child, as well as in the case of maternity risks.
  • The provision according to which in the event that the first stage of the medical leave for temporary incapacity for work ends on a non-working day, the medical leave certificate may still be issued on the first following working day, within the maximum limits regarding the duration of the medical leave certificates;
  • If a medical certificate is issued, the family doctor and specialist physicians are now legally required to draw up follow-up plan and monitor the evolution of the disease. The order also stipulates the structure of this follow-up plan;
  • In the first stage the family doctor can grant a maximum of 4 calendar days of medical leave and the outpatient specialist may grant a maximum of 15 calendar days.
  • If the temporary incapacity for work continues, the family doctor can issue a medical leave certificate for a maximum of 7 additional days and the outpatient specialist for up to 30 additional sick days.
  • If, after the first stage of the medical certificate process, the insured person does not come back for a follow-up medical check-up as outlined in the mandatory follow-up plan or the person’s health condition has improved due to the established treatment plan, the attending physician will not extend the medical leave.
  • Family doctors are allowed to issue medical leave certificates for temporary incapacity for work for a maximum of 7 calendar days (not 10 days as previously provided) for an episode of illness. The certificates shall be issued in at least two stages, and in the first stage the medical leave shall be issued for a duration of up to 4 calendar days. This provision does not apply for persons who were obliged to isolate, in accordance to Law no. 136/2020, republished, with subsequent amendments and completions.
  • The total duration of the medical leave granted by the family doctor to an insured person for temporary incapacity for work may not exceed 28 calendar days in the last year (not 30 calendar days as previously provided) counted from the first day of illness, regardless of its cause. When the family doctor has granted all these 28 calendar days, the future medical leave certificates shall be issued only by the attending physician from the specialized outpatient clinic or hospital, in case of hospitalization, within the maximum durations provided by law.
  • The gross amount of the quarantine allowance is borne in full from the National Unique Health Insurance Fund (FNUASS). This rule does not apply for those who travel for personal interest in areas with an ongoing epidemic, epidemiological or biological risk with a highly pathogenic agent, and who are required to quarantine upon their return in Romania. In those cases, only the allowance for the first 5 days of quarantine is born from the FNUASS.

Government Decision No. 829/2021

Government Decision no. 829/2021 published in the Official Gazette no. 767 of August 06, 2021 regarding the extension of the state of alert in Romania starting with August 11, 2021, and the measures established to prevent and combat the effects of the COVID-19 pandemic, brings the following clarifications:

Comment: Starting with August 11, 2021, the state of alert is extended by 30 days throughout the country, established by GD 394/2020

Law No. 221/2021

Law no. 221/2021 published in Official Gazette no. 732 of July 26, 2021 amending Law no. 55/2020 regarding certain measures taken to prevent and combat the effects of the COVID-19 pandemic, makes the following clarifications:

Comment: Employees who get vaccinated against COVID-19 will benefit, upon request, from a paid day-off, which is not included in the duration of the annual leave, for each dose of vaccine.

These benefits are also granted to one of the parents or legal representative of the child aged up to 18 years, as well as of the disabled person aged up to 26 years, on the day when the child/disabled person is vaccinated.

Law no. 208/2021

Law no. 208/2021 published in the Official Gazette no. 720 of July 22, 2021 for the approval of the Emergency Ordinance no. 36/2021 regarding the use of advanced or qualified electronic signature, accompanied by an electronic time stamp or a qualified electronic time stamp and the employer’s qualified electronic seal in the field of labour relations, and for the amendment and supplement of certain normative acts, brings the following clarifications:

Comment: This Law bring changes regarding the electronic signing of staff-related documents, meaning that the parties may choose to use an advanced electronic signature or qualified electronic signature not only when concluding, but also when amending, suspending or, as the case may be, terminating an individual employment contract.

An important novelty in this process refers to the fact that there is no longer required the electronic time stamp or the qualified electronic time stamp and the electronic seal of the employer.

The employer may also opt for the use of a simple electronic signature, not just a qualified or advanced electronic signature.

The competent authorities must accept, for verification and control, the individual employment contracts and additional documents, as well as documents related to labour relations/occupational health and safety concluded in an electronic format with an electronic signature, without requesting them in paper format.

Expenses incurred by an employer to purchase advanced electronic signatures or qualified electronic signatures are deductible expenses.

The mandatory health and safety training can also be don online.

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