The Ombudsman of Romania referred to the Constitutional Court the emergency ordinance that provides that the employer will bear the payment of 5 days of sick leave, starting from the second day of the sick leave, starting from February 1, 2026, the first day of leave being thus unpaid.

The provision "contravenes the constitutional provisions of art. 1 paragraph (5) on the principle of legal security and predictability of the norm, art. 34 on health protection, art. 44 on the right to private property and art. 47 on the social protection of citizens, as well as art. 115 paragraph (6)," according to the Ombudsman's note cited by G4media.ro.

Until now, the employer covered the first 5 days of medical leave, while the state paid for the rest. Now, the first day of medical leave for illness will no longer be paid. From the second to the sixth day, the cost will be borne by the employer, and from the seventh day by the state.

As a result, employees who get sick may lose between RON 100 (EUR 20) and RON 400 (EUR 80) from their salary. 

Through this measure, the government wants to discourage fictitious medical leaves and save nearly RON 1 billion (EUR 196 million) to introduce new medicines onto the Romanian market, according to Euronews Romania.

iulian@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)