We remind you that in the Official Gazette (Part I) no.1013 of 19 October 2022 was published Law 283 for the amendment and completion of Law no. 53/2003 – Labour Code, as well as the URGENT ORDINANCE no.57/2019 on the Administrative Code.
The law, which entered into force on 22 October, introduces new types of leave for employees in the Labour Code.
These are a novelty and have been introduced as a result of European directives aimed at reconciling work and family life
Carer’s leave is leave granted to employees to provide personal care/support to a relative/person living in the same household as the employee who needs care/support due to a serious medical condition.
We specify that caregiver is the employee who provides personal care/support to a relative/person living in the same household as the employee who needs care/support due to a serious medical condition.
We emphasise that a relative means the son, daughter, mother, father or spouse of an employee.
According to Law 283/2022, the employer is obliged to grant carer’s leave to the employee in order to provide personal care/support to a relative/person living in the same household as the employee and in need of care/support as a result of a serious medical condition, with a duration of 5 working days in a calendar year, upon written request of the employee.
According to the legal provisions, a longer duration for carer’s leave may be established by special laws or by the applicable collective labour agreement.
It is very important to note that this type of leave, carer’s leave, is not included in the duration of annual leave and constitutes seniority in work and in the specialty
Thus, in determining the duration of annual leave, periods of carer’s leave are considered as periods of work performed
Employees on carer’s leave are insured for this period under the social health insurance system without payment of contributions. In addition, the period of carer’s leave constitutes a contribution period for establishing entitlement to unemployment benefit and temporary incapacity benefit granted in accordance with the legislation in force.
The employer may establish individualised work programmes for all employees, including those on carer’s leave, with their consent or at their request, which may be of limited duration.
Serious medical problems and the conditions for granting carer’s leave are established by joint Order of the Minister of Labour and Social Solidarity and the Minister of Health. The Order must be issued within 30 days of 19 October 2022, the date of publication of Law No 283/2022 in the Official Gazette.
According to Article 60 of the Labour Code, updated with Law No. 283/2022, the dismissal of employees cannot be ordered during the carer’s leave.
Failure to grant caregiver leave to employees who meet the conditions is punishable by a fine of 4,000 lei to 8,000 lei.
Law no. 283/2022 for the amendment and completion of Law no. 53/2003 – Labor Code, as well as the EMERGENCY ORDINANCE no. 57/2019 regarding the Administrative Code published in the Official Gazette no. 1013/19 October 2022.