The government adopted, in the meeting on Tuesday evening, an emergency ordinance which stipulates that the employer will bear the payment of 5 days of sick leave, from February 1, 2026, and the first day of leave is reduced from the payment.
Through the Emergency Ordinance adopted by the Government on Tuesday, December 30, a multi-level medical leave control mechanism is established:
– Control at the level of Health Insurance Companies, in terms of the legality and validity of their granting; The control is carried out on one’s own initiative or at the employer’s request, at least by analyzing the medical documents that were the basis for the issuance of medical leave certificates, verifying compliance with the legal conditions regarding the duration of the medical leave grant, verifying the correctness of completing the medical leave certificates and their consistency with the diagnosis and medical recommendations.
– Notification and verification at the level of work capacity expertise offices,
– Notification and verification at the level of the Disciplinary Commission of the College of Doctors in Romania, the county councils of doctors and the municipality of Bucharest, which can apply the sanctions provided for in art. 455 of Law no. 95/2006.
If, following the checks, it is found that the medical leave certificate was issued without complying with the legal provisions, the insured does not benefit from the indemnity related to the medical leave.
“It is also established, for a determined period between February 1, 2026 – December 31, 2027, a mechanism for bearing the social health insurance allowance between the employer and the FNUASS budget, by reducing the social health insurance allowance by the first day. The employer bears days 2-6 of the payment of the allowance for medical leaves, and from the FNUASS starting from the 7th day until healing; in the case of those who are fully covered from the FNUASS budget, the first day is not paid”according to a statement from the Government.
The periods of reduction of the social health insurance allowance constitute an insurance period for medical leaves and social health insurance allowances, while maintaining the quality of being insured within the social health insurance system.
A flexibility of activity is ensured for the specialized integrated ambulatory clinic of the hospital, the activity schedule declared at the health insurance company being that of the office and not of the doctor.
Another provision regulates the possibility of concluding two contracts for the provision of services by doctors in the ambulatory within the framework of one and a half rules, to ensure both the functioning of the integrated outpatient clinic of hospitals, and the possibility of increased access of the insured to such services.
For the year 2026, the distribution of the fund allocated to primary medical assistance will be 25% for the payment per capita and 75% for the payment per medical service, as established by Law no. 163/2025, with inclusion in the fund allocated to primary medical assistance for the year 2026, which is maintained at the level approved for the year 2025 by the State Budget Law.
