In the Official Gazette with the number 199 of March 9, 2023 was published the CNAS Order no.131/2023 for the modification and completion of the Norms for the application of the provisions of the OUG no.158/2005 regarding the social health insurance leave and allowances, approved by the MS Order and of the CNAS President no.15/2018/1.311/2017.
The norms for the application of the provisions of Government Emergency Ordinance No. 158/2005 on social health insurance leave and allowances, approved by Order of the Minister of Health and of the President of the National Health Insurance House No. 15/2018/1.311/2017, published in the Official Gazette of Romania, Part I, No. 31 of 12 January 2018, with subsequent amendments and additions, are amended and supplemented as follows:
In Article 9 paragraph (4), after letter j), a new letter is inserted, letter k), with the following content:
By exception to paragraph (1), for medical and surgical emergencies for which the degree of severity of the illness does not require hospitalization, sick leave shall be granted in a single step, according to Article 26.
For the insured person who is in two or more situations provided for in Article 1 paragraph (1) letter A of the Government Emergency Ordinance no. 158/2005, approved with amendments and additions by Law no. 399/2006, with subsequent amendments and additions, and who works for more than one employer, with each of them being insured, the allowances are calculated and paid, as the case may be, by each employer where the minimum insurance period of 6 months is fulfilled, as well as for the situations provided for in Article 9 and 31 of the Government Emergency Ordinance no. 158/2005, approved with amendments and additions by Law no. 399/2006, with subsequent amendments and additions. The calculation basis for each allowance is only the income obtained at each place of work. In these cases, the first two original copies of the sick leave certificate shall be submitted for calculation to the employer with whom the insured person has the highest income, and the other employer(s) shall receive the two copies in copies certified by the doctor who issued the certificate.
As an exception to paragraph 1, for insured persons who are teachers and work for several employers to supplement their teaching load, periods of insurance completed in the 12 months preceding the month for which sick leave is granted shall be used by all employers and the benefits shall be calculated and paid by each employer. The basis of calculation for each allowance is only the income earned at each place of employment.
For a person who is in two or more of the situations referred to in Article 1 paragraph (1) letter B of the Government Emergency Ordinance no. 158/2005, approved with amendments and additions by Law no. 399/2006, with subsequent amendments and additions, and who works for more than one employer, the allowances shall be calculated and paid, as appropriate, by the health insurance company to which the sick leave certificates are submitted, if each of the employers meets the condition regarding the minimum insurance period of 6 months, as well as for the situations provided for in Articles 9 and 31 of Government Emergency Ordinance No. 158/2005, approved with amendments and additions by Law No. 399/2006, with subsequent amendments and additions. In this situation, both the first two original copies of the sick leave certificate and the two copies certified by the attending physician shall be submitted for calculation to the health insurance fund.
For situations in which the persons referred to in paragraph (1) enter into an individual employment contract with a new employer starting from the day following the termination of another contract, in addition to other ongoing individual employment contracts, in the event of a sick leave certificate, they shall receive social health insurance benefits from the new employer only if they meet the conditions laid down in Article 31 of Government Emergency Ordinance no. 158/2005, approved with amendments and additions by Law no. 399/2006, with subsequent amendments and additions. The basis for calculating the allowance is only the income earned at the new employer.