Crowe Romania

The Enforcement guidelines of the Government Emergency Ordinance 156/2005 regarding the medical leaves have been amended

References: ORDER no. 1398 from July 29th 2021

Crowe Romania
The Order no. 1398/2021 for amending and completing the Enforcement guidelines of the Government Emergency Ordinance no. 158/2005 regarding the leaves and social health insurance allowances was published in the Official Gazette no. 745 from July 30th 2021.
The Order 1398/2021 includes a series of amendments such  as:
  • for the “follow-up” medical certificates, the granting date cannot exceed the date when the validity of the medical leave certificates, granted previously for the same disease, expires.

By way of exception to the above-mentioned rule, where the first stage of the medical leave for temporary incapacity is completed on a non-working day, the “follow-up” medical leave certificate can be issued on the first working day within the maximum limits provided by the law;

  • the medical leave certificates can also be issued at a subsequent date but not later than five working days from the date on which the event occurs, in the case of medical-surgical emergencies for which the severity of the disease does not require hospitalisation and for which medical leave certificates have not been issued by the physicians who attended the emergency.
  • the medical leave can be grated for maximum 4 calendar days for the medical leave granted by grated by the family physician and for maximum 15 calendar days for the medical leave granted by the ambulatory specialised physicians (in case the temporary incapacity for work is maintained, the ambulatory specialised physicians can issue the medical leave certificate further on up to a maximum duration of 7 days for the family physician and of 30 days for the ambulatory specialised doctor);
  • after the expiration of the medical leave granted at the moment of discharge from the hospital, if the insured person’s health state does not allow the resumption of the activity, the family physician, based on the medical referral letter issued by the treating physician from the hospital, can extend the medical leave with maximum 7 calendar days for the same disease, and if the temporary incapacity is maintained, the insured person will be sent to the ambulatory specialised doctor.
  • the total duration of the medical leaves granted by the family physician, for an insured person, for temporary work incapacity, cannot exceed 28 calendar days in the last year, calculated from the first day of illness, regardless of its cause;
  • if the quarantine measure is established when returning to Romania, for a person who has travelled for personal purposes to an area where at the time of the travel there is was an epidemic, epidemiological or biological risk, with a high pathogenic agent, from the period included in the medical leave for quarantine, only the allowance related to the first five days of quarantine will be borne from the budget of the Single National Fund for Social Health Insurance.