Patients want to complain about the non-payment of the first day of sick leave at the ECHR: “It creates pressure on employees to go to work when sick”

Patients with serious chronic conditions affected by the non-payment of the first day of sick leave, a measure that came into effect on February 1, say they plan to initiate proceedings at the ECtHR “to defend their fundamental rights”. In an open letter, they ask the president and the prime minister, but also the Constitutional Court, “to intervene for the urgent correction of this situation”.

NGOs that defend the rights of patients with serious conditions speak, in the letter, of the “deeply unfair and discriminatory effects” of this measure, such as discouraging patients from taking sick leave, which “puts public health at risk.”

The measure “creates pressure on employees to go to work when sick, increasing the risks of aggravating conditions and spreading diseases, and violates the fundamental right to health and social protection”, say the patient representatives.

“Health cannot be treated as a privilege and cannot be conditioned by financial considerations,” the open letter states.

“It directly affects the lives and dignity of patients”

The patients' representatives also remind that, following the referral to the People's Advocate regarding the unconstitutionality of this provision, “The Constitutional Court was called to analyze the impact and legality of this measure. However, more than 60 days have passed without an answer, during which time the negative consequences on the quality of life of patients continue to increase.”

“The lack of a quick decision by the Constitutional Court contributes to the perpetuation of a situation that directly affects the life and dignity of patients in Romania”, they say.

They request the Constitutional Court to urgently rule on this referral, and the President of Romania and the Government “to intervene for the urgent correction of this situation”.

“We expect a public, prompt and responsible response from the state institutions.”

In the absence of “immediate measures and a clear decision”, the patient representatives say they reserve the right to initiate proceedings at the European Court of Human Rights (ECHR), “to defend the fundamental rights of patients affected by this ordinance”, the letter also says.

The open letter was signed by 8 NGOs: the Alliance of Chronic Patients, the Association of Patients with Autoimmune Diseases, the Federation of Associations of Cancer Patients, the Association of Cancer and Hepatitis Patients Giurgiu, the Association of Patients with Liver Diseases, the Together Against Obesity Association, the Association of Patients with Cardiovascular Diseases – Pro Cardio and the Romanian Oncology Association “Sfânta Anna”.

“It seems to me that they want things to stay that way”

At the beginning of February, when the measure that the first day of medical leave is no longer paid came into force, following the public scandal and the pressure of NGOs for patients' rights, the Ministry of Health came up with the proposal that 5 categories of patients be exempted and be paid the first day of medical leave.

The 5 categories proposed to be exempted were:

• hospitalized patients – 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 (chronic diseases).

The exceptions were proposed in a draft Emergency Ordinance published in decision-making transparency by the Ministry of Health on February 6, but the measure is not approved, two months later, HotNews wrote earlier this week.

According to a document obtained and consulted by HotNews, the project was blocked at the Economic and Social Council, in the absence of the opinions of three members of the Government: Deputy Prime Minister Marian Neacșu, Minister of Finance, Alexandru Nazare, and Minister of Justice, Radu Marinescu.

“It seems to me that they want things to stay like this, for this day to remain unpaid. My feeling is that this is what was wanted,” said Radu Gănescu, the president of one of the largest patient NGOs in Romania and their representative in the Economic and Social Council, in a dialogue with HotNews.

The decision that the first day of sick leave will no longer be paid for employees in Romania was adopted in the last Government meeting last year, on December 30, through an Emergency Ordinance.

In the first days of February, after the measure came into force, HotNews wrote that it hits patients with serious chronic conditions the hardest, who need periodic admissions, many of them monthly hospitalizations.