The rules for sick leave are changing again. Exceptions to non-payment of the first day. The 5 categories that will be exempted

The rules regarding the non-payment of the first day of sick leave are being changed again, following criticism from the public space, coming especially from the area of ​​NGOs that defend the rights of patients with chronic conditions. Five important categories will be exempted, and if necessary, the first day of sick leave will also be paid, according to a new draft of the Emergency Ordinance, published today by the Ministry of Health in decisional transparency.

The first day of sick leave is no longer paid from February 1, according to a Government Ordinance. The Ministry of Health claimed the measure was meant to “discourage fictitious leave”.

Following the wave of criticism from the public space, the Ministry of Health came up with a new project that brings changes. More precisely, it introduces exceptions to the measure regarding non-payment of the first day of sick leave.

The five categories proposed to be exempted:

• patients who benefit from medical services in hospitalization – both continuous hospitalization and day hospitalization;
• persons on maternity leave;
• persons on maternity leave;
• persons on medical leave to care for a sick child;
• patients included in national health programs.

Exceptions from the new project of the Ministry of Health

“Taking into account the need to take urgent measures of a legislative nature to protect women during pregnancy, as well as categories of patients whose health is seriously affected by disabling chronic pathologies, it is necessary to adopt urgent and exceptional measures to regulate the granting of medical leave for long periods and repeatedly, so that their access to therapeutic medical services, evaluation and periodic monitoring of the evolution of the disease can be ensured”, the draft states normative act.

The new draft of the Emergency Ordinance published in decisional transparency provides that in Article II, after paragraph (1), a new paragraph is inserted, paragraph (11), with the following contents:

• “(11) In the case of medical leave granted without interruption for an episode of illness, social health insurance allowances are calculated and paid by reducing them by a single day, regardless of the number of medical leave certificates issued.”

In Article II, after paragraph (3), two new clauses are inserted, para. (4) and (5), with the following content:

• (4) The provisions of para. (1) does not apply in the case of medical leaves provided for in art. 2 para. (1) lit. c (medical leave and allowances for maternity – ed.), d (medical leave and allowances for caring for a sick child – ed.) and e (medical leave and allowances for maternal risk – ed.) from Emergency Ordinance no. 158/2005 on social health insurance leaves and allowances, with subsequent amendments and additions, as well as in the case of medical leaves granted to patients included in the national health programs.

• “(5) The provisions of paragraph (1) do not apply in the case of medical leave certificates issued in the case of patients who benefit from the provision of medical services under the hospitalization regime.''

Strong criticism from patients: Some of them risked losing “between one and two wages a year”

The measure approved in the last government meeting last year concerns the medical leaves that will be released between February 1, 2026 and December 31, 2027, and the Minister of Health claimed, at the time, in a statement to HotNews, that the goal is “to discourage fictitious leaves.”

Employers will bear the costs of medical leaves starting from the second to the sixth day of the period of temporary incapacity for work, following that, starting from the seventh day, the costs will be borne by the Health Insurance House, states the Emergency Ordinance approved on December 30, 2025.

Until now, the first five days of sick leave were paid by the employer, and starting from the sixth day, the costs were covered by CNAS.

Last week, representatives of patient NGOs participated in a meeting with the Minister of Health, Alexandru Rogobete, in which a solution was requested so that patients with chronic conditions that require periodic hospitalization are exempted from the non-payment of the first day of medical leave.

In the case of patients who go to the hospital for treatment monthly, they risk losing 12 days annually, from the start, which are no longer paid to them, Eduard Pletea, multiple sclerosis patient and president of the Association of Patients with Neurodegenerative Diseases, showed in an interview with HotNews.

To these 12 days, Eduard Pletea also pointed out, unforeseen episodes of illness can be added: “Periods when you have a classic cold or a bout of illness. Because, if you feel sick, you have to go to the hospital again to be seen by a doctor.”

This could mean “between one and two salaries per year” lost by patients with chronic conditions and repeated admissions, Eduard Pletea also said.

Following criticism, Minister Alexandru Rogobete declared last week, for HotNews, that the institution he leads is working on a change so that patients with chronic conditions and periodic admissions are also paid the first day of medical leave.

The Minister of Health also said then, in the dialogue with Hotnews, that the legislative change can be made until the end of February, without chronic patients being affected.