According to article 26 paragraph (1) and paragraph (1^1) of the EMERGENCY ORDINANCE no.158/2005 on social health insurance leave and allowances, with subsequent amendments and additions, insured persons are entitled to leave and allowances for the care of a sick child up to the age of 7, and in the case of a disabled child, for intercurrent illnesses, until the age of 18.
In the case of a seriously ill child, insured persons are entitled to leave and care allowance for sick children up to the age of 18.
The list of diseases is established by the specialized committees of the Ministry of Health and is provided for in the implementing rules of the EMERGENCY ORDINANCE 158/2005.
The inclusion of the diseases in the mentioned list, by apparatus and systems, takes into account clinical, evolutionary and complication elements that determine by the severity of morphological and functional disorders a cumulative duration of medical care given to the child, exclusively for the basic disease, of more than 90/180 calendar days per year.
We mention that in the case of a child for whom the quarantine or isolation measure has been ordered in accordance with the Law no.136/2020, republished, with subsequent amendments and additions, the insured persons for whom the quarantine or isolation measure has not been ordered are entitled to leave and allowance for the supervision and care of the child up to 18 years of age
It is important to point out that the allowances for the care of sick children are paid entirely from the budget of the Single National Health Insurance Fund
According to article 27 of the EMERGENCY ORDINANCE no.158/2005, one of the parents is entitled to the sick child care allowance, if the applicant fulfils the conditions of insurance period provided for in article 7 (minimum insurance period of 6 months in the last 12 months preceding the month for which the sick leave is granted).
The same rights are granted to the insured person who, in accordance with the law, has adopted, has been appointed guardian, has been entrusted with children for adoption or has been placed in foster care, if he/she meets the conditions required by this Emergency Ordinance for granting them.
According to Article 29 of the EMERGENCY ORDINANCE No. 158/2005, the duration of the allowance for the care of a sick child is a maximum of 45 calendar days per year for a child, except in cases where the child is diagnosed with infectious diseases, is immobilised in specific locomotor apparatus immobilisation systems or undergoes surgery.
In these cases, the duration of the sick leave is determined by the specialist according to the course of the illness.
The duration of the allowance for the care of a child with a serious illness corresponds to the number of calendar days corresponding to the duration of sick leave as determined by the specialist.
The sick leave certificate for the care of a sick child up to 7 years of age and for the care of a disabled child up to 18 years of age for intercurrent illnesses is issued by the attending physician, under the conditions and up to the maximum durations provided by law.
In situations where the child is diagnosed with infectious diseases, is immobilized in specific locomotor immobilization systems or undergoes surgery, the duration of sick leave will be determined by the specialist, depending on the evolution of the disease. The family doctor has the right to grant sick leave for the care of the sick child for a maximum of 14 calendar days, in one or more stages, for the same condition. The attending physician in the specialist outpatient clinic or hospital has the right to grant sick leave for the care of the sick child for a maximum of 30/31 calendar days (see Article 46 of the Implementing Rules of the EMERGENCY ORDINANCE no.158/2005, approved by Order no.15/2018).
Therefore, sick leave for the care of a sick child is granted for a maximum duration of 45 calendar days per year for one child, with some exceptions, to one of the parents, optionally, if the applicant fulfils the conditions of the insurance period.
If in the case of sick leave for temporary incapacity for work, for example, the duration of sick leave is granted by reference to the number of days of sick leave in a year, counted from the first day of illness, in the case of sick leave for the care of a sick child the legislator speaks of calendar days per year.
Amendment of the model sick leave certificate:
We remind you that, through the publication of the joint Order of the Ministry of Health and CNAS 1165/218/2022 (Official Gazette no.378/15.04.2022), the model of the sick leave certificate and the instructions for use and completion of this document have been modified.
Thus, in addition to those previously included, the sick leave certificate now also contains details relating to leave for the care of a person suffering from cancer and for the care of a child quarantined or isolated due to an infectious disease, both of which have recently appeared.
The Order 1165/218/2022 also amended Order 1192/745/2020 approving the single model of the sick leave certificate and the instructions on the use and completion of sick leave certificates on the basis of which benefits are granted to insured persons under the social health insurance system and the insurance system for accidents at work and occupational diseases.
Thus, a new type of sick leave is introduced in the sick leave certificate, as well as a special form of an existing one.
Specifically, we are talking about leave for the care of a cancer patient and leave for the care of a child quarantined due to an infectious disease.
Leave for the care of a child quarantined or isolated due to an infectious disease, when parents do not have to stay in isolation or quarantine and cannot carry out their work at home, was introduced at the end of March by Law no. 73/2022.
The allowance for this type of sick leave is 100% of the calculation basis, which can be the average gross monthly income of the last six months of the 12 months of the insurance period.
Code 92 should be used when completing the medical certificate.
Please note that forms printed before the publication of Order 1165/218/2022 (15 April 2022), which do not contain the changes mentioned above, may be used by doctors until 31 December 2022.
Legal basis:
– Order 1165/2022 on amending and supplementing the Order of the Minister of Health and the President of the National Health Insurance House no.1192 / 745/2020 for approving the unique model of the medical leave certificate and the instructions on the use and completion of leave certificates medical on the basis of which the indemnities are granted to the insured persons from the social health insurance system and from the insurance system for work accidents and occupational diseases;
– EMERGENCY ORDINANCE no. 158/2005 regarding the holidays and the indemnities of social health insurances, with the subsequent modifications and completions.