Conditions for Granting Medical Leave for Child Care in Romania
Medical leave in Romania for the care of a sick child is regulated by Government Emergency Ordinance (OUG) 158/2005 on health insurance leave and allowances, specifically under Articles 26-30 of this regulation.
Thus, according to the legal provisions mentioned above, insured persons are entitled to leave and allowance for the care of a sick child up to the age of 12, and in the case of a child with disabilities, for intercurrent illnesses (other illnesses in addition to the disability). For children with serious conditions, this right extends until they reach the age of 18.
In Romania, the allowance for child care can be granted to either parent, provided they meet the insurance eligibility criteria. In any case, the allowances are fully covered by the National Health Insurance Fund and are granted based on a medical leave certificate issued by the attending physician or, if applicable, by the health insurance fund, as well as a disability certificate issued under legal conditions. For children with serious conditions, the allowances are granted based on a medical leave certificate issued by a specialist doctor or, where applicable, by the health insurance fund.
The gross monthly amount of the allowance in Romania is 85% of the average income over the last 6 months of the 12 months preceding the leave. This benefit is also available to an insured person who has legally adopted, been appointed as a guardian, been entrusted with children for adoption, or has children in foster care, provided they meet the conditions set by OUG 158/2005.
Likewise, entitled individuals may receive medical leave for the care of a sick child when accompanying the child for treatment in a European Union member state, the European Economic Area, the Swiss Confederation, or in a country outside these regions.
This type of leave is granted based on a medical leave certificate issued by a legally competent physician. In the case of medical leave for accompanying a child abroad for treatment, medical leave certificates are issued by the health insurance fund to which the insured person’s employer submits the declaration provided for in Article 147 paragraph (1) of Law No. 227/2015 on the Fiscal Code, with subsequent amendments and completions, or by the fund with which they have a health insurance contract for social health insurance benefits, as applicable, based on translated and authenticated supporting documents.
In such cases, medical certificates are issued for the maximum durations stipulated by OUG 158/2005 but no later than 15 days after the return to the country of those who traveled abroad for treatment.
The above-mentioned medical leave certificates can be issued to entitled individuals, as well as to their spouse, first-degree relatives, or another authorized person designated by them.
Therefore, for a person to be eligible for medical leave for child care, they must meet the following cumulative conditions:
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- Regarding the applicant:
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- Must be the parent/guardian of the sick child or the person entrusted with a sick child for adoption/foster care, or must be accompanying the child for treatment in another country;
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- Must be an insured individual;
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- Must have met the minimum insurance period requirement;
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- Regarding the child for whom care leave is requested:
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- The child must be under 12 years old, or under 18 in the case of children with disabilities or serious illnesses;
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- A medical certificate must have been issued for the child by a legally competent physician;
How many days of medical leave can be granted for child care in Romania?
Regarding the duration of leave for the care of a sick child, in accordance with Article 29 of OUG 158/2005, this leave can be granted for a maximum of 45 calendar days per year per child, except in cases where the child is diagnosed with infectious-contagious diseases, is immobilized in orthopedic devices, or undergoes surgical interventions.
In these cases, the duration of medical leave is determined by the specialist physician based on the evolution of the illness and can therefore be extended. Likewise, for children with serious conditions, the duration of leave is determined by a specialist physician.
Thus, although the general rule states that the maximum duration of leave for the care of a sick child is up to 45 days per year per child, in legally specified cases, this period can be exceeded depending on the illness and its progression.
