Content:
• Law No. 24/2020
• Joint Order No. 502/417/2020
• Emergency ordinance No. 35/2020
• Order No. 346/2020
Law No. 24/2020
Law no. 24/2020 published in the Official Gazette Part I no. 229 of March 20, 2020 amending art. 14 of Law no. 165/2018 regarding the granting of value tickets, brings the following clarifications:
Comment: The nominal value of a meal ticket cannot exceed 20 lei; The provisions of this law come into force starting April 1, 2020.
Joint Order No. 502/417/2020
Joint Order of the Ministry of Health no. 502/2020 and of the National Health Insurance House no. 417/2020 published in the Official Gazette Part I no. 253 of March 27, 2020, amending and supplementing the rules for the application of the Government Emergency Ordinance no. 158/2005 regarding sick leaves and the social health insurance allowance, approved by the Order of the Ministry of Health and of the President of the National Health Insurance House no. 15/2018/1311/2017, brings the following clarifications:
Comments: Physicians who have concluded the convention on the issuance of sick leave certificates with the health insurance house, issue sick leave certificates also to individuals who are not insured in the health insurance system for sick leaves and social health insurance benefits in Romania, but fall under the applicable European legislation regarding social security or agreements, conventions or international protocols with provisions in the field of healthcare, which certify the inability to work and the estimated duration.
The sick leave certificates are supporting documents based on which the competent public insurance institutions pay the benefits in accordance with the applicable legislation.
Therefore, it will be possible to issue sick leave certificates also to persons who are not insured in Romania, but fall under the applicable European legislation.
Notwithstanding the provisions in force, sick leave certificates can be issued at a later date, but not later than 5 working days from the date of the occurance, in the event of medical-surgical emergencies for which no hospitalization is required and for which the emergency physicians who treated the patient have not already issued a sick leave certificate. In these cases, the sick leave certificates are issued by the family physician based on the recommendation made by the emergency physician who treated the patient.
The duration of granting the sick leave and the allowance for temporary work incapacity is longer in case of special diseases and is differentiated as follows:
a) One year, during the last 2 years, for some cardiovascular diseases, established by the National Health Insurance House (pulmonary tuberculosis was removed from this paragraph);
b) One year and 6 months, during the last 2 years, for AIDS and neoplasms, depending on the stage of the disease;
c) During the entire treatment period, until healing, for tuberculosis (previously was established a term of one year and 6 months, in the last 2 years).
Regarding the certificate issued by the payers of allowances, where it is shown the total number of sick leave days granted for temporary incapacity for work in the last 12/24 months, the certificate will be issued only to insured persons who meet the health insurance contributions requirement; as well as those on sick leave for some medical-surgical emergencies, tuberculosis, infectious diseases in group A, neoplasms and AIDS and maternal risk.
When the insurance contribution requirement is not met, persons benefit from a sick certificate issued by the treating physician, to justify their absence from work.
The medical leave certificates for pregnancy are issued for no more than 30/31 calendar days by the family physician or by the dedicated obstetrics and gynaecology specialist who registers and monitors the pregnant woman, up to the maximum duration stipulated by law. These provisions also apply in cases where, in the last 12 months prior to the month in which the initial medical certificate is given for pregnancy and postpartum, the insured person benefited from the same rights during this period.
It is important to mention that for persons who obtain income from salaries and assimilated to salaries in Romania and who work for several employers, the allowances are calculated and paid, as the case may be, by each employer, if the person meets the insurance contributions requirement with each one of them, as well as for the situations stipulated in art. 9 and art. 13 of Government Emergency Ordinance no. 158/2005. In these cases, the first two original copies of the sick leave certificate must be submitted for calculation purposes to the employer where the insured obtains the higher income. The other employer/s receives the two certified copies issued by the physician who issued the original certificate.
At the same time, it is modified the template of the certificate issued by the employer where it is shown the total number of days granted for temporary incapacity for work in the last 12/24 months. The template is provided in Appendix no. 7 to the rules for the application of the Emergency Ordinance no. 158/2005.
Finally, we mention that the Joint Order introduces a new chapter, Chapter IV: Specific provisions regarding sick leave certificates granted during the emergency state established by Decree no. 195/2020 in the establishment of the emergency state on the territory of Romania:
– Sick leave certificates, medical certificates can be submitted remotely by electronic means;
– The sick leave certificates granted by physicians, other than family physicians, are submitted to the payers of allowances without the stamp of the family physician;
– Sick leave certificates which comprise the 91st day or exceed 183 days, as well as those granted for maternal risk during the state of emergency are issued and paid without the opinion of the social insurance expert physician, respectively without the opinion of the occupational health physician.
Emergency ordinance no. 35/2020
Emergency Ordinance no. 35/2020 published in the Official Gazette Part I no. 260 of March 30, 2020 on the method of issuing and extending the validity of holiday vouchers, in the context of the epidemiological situation caused by the spread of COVID-19, brings the following specifications:
Comment: Holiday vouchers for 2020 are issued only on electronic support. By way of derogation from the provisions of GEO 8/2009 regarding the granting of holiday vouchers, the validity period of holiday vouchers issued between March 2019 — December 2019, regardless of the support on which they were issued, is extended until May 31, 2021.
Order No. 346/2020
Order no. 346/2020 published in the Official Gazette Part I no. 265 of March 31, 2020 regarding the approval of the template of the affidavit provided under art. 3 paragraph (1) let. c) of the Government Decision no. 217/2020 for the application of the provisions of Law no. 19/2020 regarding the granting of days off for parents for the supervision of children, following the temporary closing of educational units as published in the Official Gazette no. 265 of March 31, 2020, brings the following specifications:
Comment: This order regulates the following two documents:
– The template of the affidavit given by the administrator/legal representative of the employer regarding the fulfilment of the requirements regulated by law by those employees who have benefited from days off for child supervision.
– The template for the list/table with the employees who have benefited from days off for child supervision. The Order provides a template table with minimal data: Name and surname of the parent, CNP, period of time, Name, surname and CNP of the other parent, name, surname and CNP of the child.