Sick Leave 2025 — Benefit Calculation and Employee Rights

Types of sick leave — illness, maternity, work accident

Romanian legislation regulates several types of sick leave, each with its own granting and payment rules. Government Emergency Ordinance (OUG) no. 158/2005 on health insurance leave and benefits is the main legislative framework. Understanding the differences between these types is essential for both employees and HR and payroll departments.

The most common categories include: temporary work incapacity leave (common illness), maternity leave (pregnancy and postnatal), child sick care leave, work accident or occupational disease leave, and maternal risk leave. Each category has a different maximum duration and a specific calculation base.

Benefit calculation — formula, base, minimum seniority

Sick leave benefits are calculated as a percentage of the average gross monthly income from the 6 months prior to the month when the incapacity occurs. For common illness, the rate is 75% of the calculation base, while for work accidents or occupational diseases it is 80%.

The minimum insurance seniority required is 6 months within the 12 months preceding the sick leave date. Exceptions include medical-surgical emergencies, group A infectious diseases, and work accidents, which require no minimum contribution period.

• Common illness: 75% of base, maximum 183 days/year
• Work accident / occupational disease: 80%, max 183 days (extendable to 18 months)
• Maternity (pregnancy + postnatal): 85%, 126 calendar days
• Child sick care: 85%, up to age 7 (or 18 for disabilities)
• Maternal risk: 75%, per medical recommendation

Who pays — employer (first 5 days) vs FNUASS

Under OUG 158/2005, the employer covers the benefit for the first 5 calendar days of temporary work incapacity. Starting from day 6, payment is taken over by the National Unique Health Insurance Fund (FNUASS) through the local health insurance houses.

The employer advances the full amount and subsequently recovers the difference from FNUASS by deducting it from contributions owed. The deadline for filing the reimbursement claim is 90 days from the date the employer became entitled to request the amount. Missing this deadline means forfeiting the recovery right.

Required documents and filing deadlines

The medical certificate is the key document. It is issued by the attending physician (family doctor or specialist) and must be submitted to the employer within 5 working days of issuance. The employer files a monthly summary of medical certificates with the health insurance house together with the reimbursement claim.

1. Employee obtains medical certificate from doctor
2. Submits certificate to employer within 5 working days
3. Employer calculates and pays the benefit
4. Employer files the summary with the health insurance house — monthly
5. Health insurance house reviews and approves reimbursement within 60 days

Special cases: chronic diseases, work accidents, quarantine

Chronic diseases benefit from a special regime: sick leave duration can be extended up to 18 months, and in exceptional cases an additional 6-month extension may be granted. The list of diseases qualifying for extended sick leave is established by Government Decision no. 140/2018.

Work accidents additionally require investigation under Law no. 319/2006 on occupational safety and health. The accident investigation file must be completed within 10 working days. The 80% benefit is granted from day one, with no minimum contribution period, and the employer covers the first 3 days entirely.

Quarantine, reintroduced as a distinct type post-COVID, is granted based on the public health directorate decision and is fully paid by FNUASS from day one, without employer participation.

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