The People's Advocate notifies the CCR regarding the non-payment of the first day of sick leave
Meeting of the judges of the Constitutional Court. Photo: Inquam Photos / George Călin
The People's Advocate today attacked the “sickness tax” at the CCR, demanding the cancellation of the non-payment of the first day of sick leave. The referral follows pressure from unions and patients, who accuse the violation of the right to social protection through the austerity measure that came into force on February 1.
The People's Advocate submitted today, February 3, 2026, an exception of unconstitutionality having as its object the provisions of art. II of the Government Emergency Ordinance no. 91/2025 regarding the establishment of measures within the health system, according to an announcement published on avp.ro.
In the reasoning sent to the Constitutional Court, the institution emphasizes that the measure violates the principle of legal security, because the insured contribute monthly to the social insurance system precisely to be protected in case of illness. The suspension of payment for the first day effectively turns part of the employee's contribution into a tax without benefits, thus affecting the private ownership of the due income.
The change entered into force on February 1, 2026 and affects all medical leaves issued between February 1, 2026 and December 31, 2027, regardless of the medical reason or the length of service of the employee.
