As a reminder, since 22 October, a new type of leave has been introduced in the Labour Code, following a European regulation that had to be transposed in our country – carer’s leave.
Carer’s leave was established by Law 283/2022, which, from 22 October, officially amended the Labour Code.
It should be noted that since the introduction of Law 283 and until now, carer’s leave could not be effectively granted without specific rules, rules that have recently appeared in the Official Gazette – by Order MMSS/MS no.2172/3829/2022.
It should be recalled that, according to the latest amendments to the Labour Code, carer’s leave is leave granted to employees to provide personal care or support to a relative (son, daughter, mother, father or spouse of an employee) or to a person living in the same household as the employee who needs care or support due to a serious medical condition.
The employer is obliged to grant carer’s leave to the employee for the purpose of providing personal care or support to a relative or a person living in the same household as the employee and in need of care or support due to a serious medical condition, for a period of 5 working days in a calendar year, at the written request of the employee.
It is not mentioned whether the days must be consecutive or whether they are granted in instalments, so either option is possible.
Also, the applicable collective labour agreement can set a longer duration for carer’s leave.
We remember that this type of leave is not a ground for suspending the employment contract. Therefore, the employer has no reason to suspend the payment of salary rights during this period.
These days of leave constitute seniority in work and in the speciality, according to the Labour Code. Also, employees on carer’s leave are insured for this period under the social health insurance system without paying contributions. The period of carer’s leave constitutes a contribution period for establishing entitlement to unemployment benefit and compensation for temporary incapacity for work granted in accordance with the legislation in force.
The Labour Code stipulates that the period during which the employee is on such leave is considered to be the period of work performed. As such, these days are also taken into account when granting entitlement to rest leave.
According to the MMSS/MS Order no.2172/3829/2022, the employer is obliged to grant carer’s leave to the employee upon his/her written request. Within 30 working days at the latest from the moment of submitting the request, the employee is obliged to submit to the employer the documents proving that the person to whom he/she provided care or support is a relative or a person living in the same household as him/her, as well as the existence of the serious medical condition that prompted the employee’s request for carer’s leave.
Supporting documents:
According to the legal provisions, including the implementing rules, within 30 working days from the time of the written request, the employee must provide supporting documents. Specifically, the following documents are required:
- The documents proving that the person to whom the care or support was offered is a relative according to article 1531 paragraph (4) of Law no.53/2003 – Labour Code, republished, with subsequent amendments and additions are, as appropriate, identity card, birth certificate, marriage certificate.
- The documents proving that the person to whom care or support is provided lives in the same household with the employee are, as the case may be, the identity card of the person requiring care, which shows the same domicile or residence with the employee, the document by which the person was taken into the space, the certificate from the owners/tenants association or the employee’s affidavit stating that the person to whom the employee has provided care or support lives in the same household as the employee for at least the duration of the care leave.
- The medical document proving the existence of the serious medical problem will be the hospital discharge note or, where appropriate, the medical certificate issued by the attending physician or the family doctor of the person with serious medical problems.
It is important to note that the employee cannot be dismissed during the carer’s leave.
Another important aspect is that the granting of leave is not left to the employer’s discretion – he is obliged to grant it if he has the employee’s request.
Employers who refuse to grant carer’s leave to employees who meet the necessary conditions risk fines of between 4,000 and 8,000 lei.
Conditions for which carer’s leave is granted:
Please note that the Annex to Order MMSS/MS no.2172/3829/2022 contains a detailed list of serious medical conditions for the granting of carer’s leave.
Briefly, the categories of conditions for which carer’s leave is granted are:
- ophthalmology conditions;
- psychiatric conditions;
- nephrology disorders;
- endocrinology disorders;
- diabetes, nutrition and metabolic diseases;
- ORL disorders;
- cell therapy disorders;
- occupational health conditions;
- allergology and clinical immunology conditions;
- urology conditions;
- rheumatic diseases;
- pneumological diseases;
- dental medicine conditions;
- paediatric diseases: serious chronic diseases specified in Annex No 8 to the Rules implementing 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 the President of the National Health Insurance House No 15/2018/1. 311/2017, as subsequently amended, as well as the conditions that may cause severe functional deficiencies provided for in the Order of the Minister of Health and the Minister of Labour, Family, Social Protection and the Elderly No. 1.306/1.883/2016 approving the biopsychosocial criteria for classifying children with disabilities as disabled and the procedures for their application, as subsequently amended and supplemented;
- diseases of the cardiovascular system;
- haematological disorders;
- diseases of the immune system;
- diseases of the digestive system;
- orthopaedic conditions;
- neurological disorders;
- dermatological disorders;
- oncological conditions.
Legal basis:
- MMSS Order No. 2172/2022 on the granting of carer’s leave;
- Law 283/2022 for the amendment and completion of Law no. 53/2003 – Labour Code, and Government Emergency Ordinance no. 57/2019 on the Administrative Code;
- Labour Code of 2003
- (Law No 53 of 24 January 2003) – republished with subsequent amendments and additions