In the Official Gazette with number 316 of April 13, 2023 was published the MS Order no.1320 of April 13, 2023 for the modification and completion of the Norms for the application of the provisions of the Emergency Ordinance (OUG) no.158/2005 regarding the social health insurance leave and allowances, approved by the MS and CNAS President Order no.15/2018/1.311/2017.
The rules 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 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:
The insured income entered in the insurance contract for social health insurance leave and allowances, to which the contribution is due, is the monthly income or, as the case may be, the monthly average of the income entered in the tax return submitted for payment of the social health insurance contribution, according to Article 170 paragraph (1), Article 174 paragraphs (5) and (6) and Article 180 paragraphs (2) and (3) of the Tax Code, which may not be less than the value of a basic gross minimum wage per country guaranteed in payment, established according to the law, and may not exceed by more than 3 times its value.
For situations in which the persons referred to in Article 1 paragraph (2) of Government Emergency Ordinance No. 158 /2005, approved with amendments and additions by Law no. 399/2006, with subsequent amendments and additions, do not have any income or whose average monthly income entered in the tax return is less than the value of a basic minimum gross national salary guaranteed in payment, the insured income entered in the insurance contract for holidays and health insurance benefits, to which the contribution is due, is the basic minimum gross national salary guaranteed in payment.
For persons with an average monthly income entered in the tax return greater than or equal to the value of a minimum gross basic salary per country guaranteed in payment, the insured income entered in the insurance contract for holidays and health insurance benefits, to which the contribution is due, is that entered in the tax return and may not exceed the value of 3 minimum gross basic salaries per country guaranteed in payment.
In order to conclude insurance contracts for holidays and social health indemnities, the persons referred to in Article 1 paragraph (2) of Government Emergency Ordinance No. 158/2005, approved with amendments and additions by Law No. 399/2006, with subsequent amendments and additions, are obliged to submit a copy of the tax declaration submitted for the payment of the social health insurance contribution, according to Article 170 paragraph (1), Article 174 paragraphs (5) and (6) and Article 180 paragraphs (2) and (3) of the Tax Code, to the health insurance fund where they are registered as social health insurance contribution payers. The monthly income recorded in the insurance contract is not regularised in relation to the income earned by the insured person and recorded in the tax return.
The certificate of sick leave for childbirth is issued by the obstetrics and gynaecology doctor of the health unit where the woman gave birth or by the family doctor, starting from the date of the child’s birth, for periods not exceeding 30/31 calendar days. The extension of the sick leave for the birth up to the maximum duration provided for by law is made by the family doctor who is in charge of the birth.
Pregnancy and maternity leave cannot be interrupted.
The sick leave certificate for the care of sick children up to 7 years of age and for the care of disabled children up to 18 years of age for intercurrent illnesses is issued by the child’s doctor, under the conditions and up to the maximum duration provided by law.
In the case of persons referred to in Article 1 paragraph (2) 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 allowances is determined as the average of the insured monthly income of the last 6 months, prior to the month for which the sick leave is granted, of the 12 months from which the insurance period is constituted, up to the limit of 3 gross minimum wages per month, according to Article 10 paragraph (3) of the Government Emergency Ordinance no. 158/2005, approved with amendments and additions by Law no. 399/2006, with subsequent amendments and additions.