Content:
• Military ordinance no. 10/2020
• Order 389/2020
• Emergency Ordinance no. 49/2020
• Joint Order No. 633/470/2020
• Emergency ordinance no. 55/2020
Military ordinance no. 10/2020
Military Ordinance no. 10/2020 published in the Official Gazette, Part I no. 340 of April 24, 2020 regarding several measures on limiting the spread of COVID-19, brings the following clarifications:
Comment: This normative act sets new provisions regarding the movement outside the house/household of persons who have reached the age of 65 years.
At the same time, it extends the suspension of flights to and from Spain to Romania, on all airports in Romania, for an additional 14 day period, from April 28 until May 11, inclusive. Flights to and from Austria, France, Germany, Belgium, Switzerland, USA, The United Kingdom of Great Britain and Northern Ireland, Netherlands, Italy, Turkey and Iran to Romania, on all airports in Romania, are also additionally suspended until May 14, 2020 inclusive.
Order No. 389/2020
Order no. 389/2020 published in the Official Gazette Part I no. 351 of April 30, 2020 amending the Annex to the Order of the President of the National Agency for Employment no. 346/2020 regarding the approval of the affidavit template provided for in art. 3 paragraph (1) letter c) of the Decision Government no. 217/2020 regarding the application of the provisions of Law no. 19/2020 on granting certain days off to parents for the supervision of children, in the event of temporary closure of educational units, brings the following clarifications:
Comment: Annex to Order no. 346/2020 approving the affidavit template provided for in art. 3 paragraph (1) letter c) of the Decision Government no. 217/2020 regarding the application of the provisions of Law no. 19/2020 on granting certain days off to parents for the supervision of children, in the event of temporary closure of educational units, is amended and replaced with the annex that is an integral part of this order (the Annex contains — Affidavit Template, Request Template, Template for the list of employees who benefited from days off, as well as the allowance granted during this period). This Order enters into force starting with its publication date, namely April 30, 2020.
Emergency ordinance no. 49/2020
Emergency Ordinance no. 49/2020, published in the Official Gazette Part I no. 319 of April 16, 2020, amending and supplementing Government Emergency Ordinance no. 158/2005 on sick leaves and the social health insurance allowance, as well as on regulating certain social protection measures, brings the following clarifications:
Comment: According to this normative act, the quarantine leave and allowance is granted to insured persons who are prohibited to continue their activity due to a contagious disease, for the time period established in the document issued by the Public Health Department. During the state of emergency, insured persons who are forbidden to continue their activities and who have been placed in institutionalized quarantine due to suspicion of infection with COVID-19, benefit from quarantine leave and allowances, regardless of the type of quarantine or the location where the individual is placed in quarantine or isolation. These are granted for a certain period and based upon those documents provided by Order of the Minister of Health, depending on the evolution of the epidemiological situation. For these persons, sick leave certificates are issued by the family physicians after the last day of the quarantine period, but no later than 30 calendar days from the end of the state of emergency. The gross monthly allowance amount for the above mentioned situations represents 75% of the calculation base established in accordance with art. 10 of GEO 158/2005 (the average monthly gross income of the last 6 months out of the 12 months that make up the contribution period).
If the persons benefiting from sick leave for the care of a sick child, accompany the child to treatment on the territory of a member state/ a state that is not a member of the European Union, the European Economic Area and the Swiss Confederation, shall have to present a sick leave certificate. The sick leave certificates are issued by the Health Insurance House where the employer of the insured person submits the 112 Statement, or by the one with whom they have concluded the insurance contract for sick leave and health insurance allowances, as the case may be, based on the translated and legalized documents, under the conditions and until the maximum duration established in this emergency ordinance, but no later than 15 days from the date of return to the country of the respective persons.
An important aspect brought by this Emergency Ordinance refers to the fact that allowances related to sick leave certificates granted during the state of emergency can be requested based on supporting documents presented by the entitled persons, as well as by the allowances payers within 180 days from the from the end of the state of emergency. The allowances amount, requested under the terms mentioned above, shall be duly paid during the period set out in the sick leave certificate.
Finally, we mention that starting with the income related to March 2020, public institutions and authorities, regardless of the financing and subordination system, including those activities financed entirely from their own income, attached to public institutions, shall fully incur the social health insurance allowances related to quarantine leave certificates issued for their own personnel, as a result of suspicion of infection with COVID-19.
Joint Order No. 633/470/2020
Order no. 633/2020 of the Ministry of Health and Order no. 470/2020 of the National Health Insurance House published in the Official Gazette Part I no. 321 of April 16, 2020 for amending and supplementing the application norms of the provisions of Government Emergency Ordinance no. 158/2005 on sick leaves and the social health insurance allowance, 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:
Among the amendments and supplements brought by this Order, we mention the following:
- The quarantine leave and allowance is granted to insured persons who are prohibited to continue their activity due to a contagious disease, for the time period established in the document issued by the Public Health Department (DSP). The quarantine leave certificate is issued by the attending physician to insured persons who are forbidden to continue their activity due to a contagious disease, for the time period established in the document issued by the specialized bodies of the Public Health Departments. If the duration of the quarantine period established by the specialized bodies of the Public Health Departments exceeds 90 days, for these type of sick leave certificates, the opinion of the social insurance expert physician is not required.
- The sick leave certificates issued during the state of emergency can be sent by the attending physicians to the insured persons also by electronic means.
- By way of exception to the provisions of art. 9 par. (4), sick leave certificates can be granted at a later date, but not later than 30 calendar days from the end of the state of emergency, for the following situations:
a) In case of pregnancy and maternity (only maternity leave);
b) For the hospitalization period;
c) For immobilization in immobilization devices specific to the locomotor apparatus, only by the orthopedist doctor/surgeon;
d) Situations for which it is necessary the opinion of the social insurance expert physician for periods of over 90 days;
e) In case of quarantine;
f) For maternal risk;
g) For the care of the sick child;
h) For insured persons who are temporarily incapacitated for work, who have undergone treatment abroad for diseases that cannot be treated in the country, as well as for those who lose their working capacity while they are in another country for work or personal purposes;
i) For insured persons with diseases stipulated in art. 18 par. 3);
j) Other situations than those mentioned in letter a) – i), requiring the extension of the sick leave by specialized physicians, other than family physicians;
k) For remote medical consultations granted during the state of emergency, where sick leave is required; - Certificates of sick leave comprising the 91st day or exceeding 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 physician.
- Certificates of sick leave comprising the 91st day or exceeding 183 days, those granted for maternal risk, as well as those granted by physicians, other than family physicians, which were issued until the start date of the state of emergency, are paid without the opinion of the occupational physician, respectively without the opinion of the family physician.
Emergency ordinance no. 55/2020
Emergency Ordinance no. 55/2020 published in the Official Gazette Part I no. 339 of April 27, 2020 on the establishment of social protection measures in the context of the epidemiological situation caused by the spread of the SARS-COV-2 coronavirus, brings the following clarifications:
Comment: This emergency ordinance provides clarifications regarding the death benefits/survivor’s pensions during the establishment of the state of emergency, respectively granting conditions and categories of beneficiaries.
At the same time, the Ordinance provides that:
- During the state of emergency, the terms and procedures for medical review are suspended for persons benefiting from disability pension, respectively survivor’s pension, as established under Law no. 263/2010. These shall resume within 30 days from the end of the state of emergency.
- The decisions regarding the work capacity, issued by the social insurance expert physician, as well as those issued by the medical and military expertise commissions attached to the hospitals in the national defence system, public order and national security, which are permanent and the supporting documents proving the quality of legal representative or trustee, of persons for whom pension decisions have been issued and which expire during the state of emergency, shall be extended until the expiry of the 30-day period since the termination of the state of emergency.
- The sick leave certificates issued during the state of emergency related to cases of accidents at work or occupational diseases are sent to the local pension houses by mail or electronic means by the beneficiaries of allowances or by the legal entities that play the role of employers.
- In order to recover the allowances set out in Law 346/2002 on insurance against accidents at work and occupational diseases, during the state of emergency, is suspended the approval required from the Public Health Departments for sick leave certificates issued for occupational diseases; from the local pension houses for accidents at work cases or from the occupational physician for sick leave certificates issued for the temporary transfer to another place of work or reduction of working time.
Within 30 days from the end of the state of emergency, the beneficiaries of allowances or the legal entities that play the role of employers, shall submit to the local pension houses the sick leave certificates accompanied by supporting documents, the original copies approved by the Public Health Departments, local pension houses, respectively occupational physicians, as appropriate.