Romania’s sick leave law provides employees with sickness allowance (indemnizație pentru incapacitate temporară de muncă) from the National Health Insurance House (CNAS) after a 3-day waiting period. The employer has no statutory obligation to pay salary during ordinary illness, though collective agreements may require it.
Key Takeaways
- Social insurance pays sickness allowance at 75% of the average salary from day 4
- The first 3 days are an unpaid waiting period (perioadă de așteptare)
- A medical certificate (certificat de concediu medical) is required from day 1
- For occupational illness, the allowance is 100% from day 1
- The maximum benefit period is 183 days per illness, extendable to 518 days for certain conditions
Romania’s Sick Leave Entitlement
Romania’s sick leave system is governed by Emergency Ordinance No. 158/2005 and the Social Health Insurance Law. When an employee falls ill (non-work-related), they are entitled to a sickness allowance from the health insurance house (Casa Națională de Asigurări de Sănătate, CNAS) — but only after a 3-day waiting period.
The employer has no statutory obligation to pay salary during ordinary sick leave. The sickness allowance is paid entirely by the health insurance system. However, collective agreements and individual employment contracts frequently require the employer to supplement the allowance.
For workplace accidents and occupational diseases, the rules are more favourable — the allowance is 100% of the average salary, and there is no waiting period.
Who Pays for Sick Leave?
| Period | Pay Rate | Who Pays |
|---|---|---|
| Days 1–3 | Unpaid (waiting period) | Neither |
| Days 4–183 | 75% of average salary | Health insurance (CNAS) |
| Days 183+ (extended) | 75% of average salary | CNAS (subject to conditions) |
| Occupational illness | 100% from day 1 | Health insurance |
Sick Leave Pay Rates
| Period | Pay Rate | Source |
|---|---|---|
| Waiting period (days 1–3) | Unpaid | EO 158/2005 |
| Sickness allowance (days 4–183) | 75% of average salary | EO 158/2005 |
| Extended benefit (days 183–518) | 75% of average salary | EO 158/2005 |
| Occupational illness | 100% of average salary | Law 346/2002 |
The average salary used for calculation is the net salary from the 6 months before the illness. The allowance is subject to a ceiling set annually by CNAS.
Medical Certificate Requirements
Romania requires a certificat de concediu medical (medical leave certificate) from the first day of illness. The doctor issues the certificate and sends it electronically to CNAS.
The employee must present the certificate number to the employer. The employer can verify the certificate through the CNAS portal. For absences exceeding 90 days, CNAS may request additional medical documentation.
How to Calculate Sick Pay in Romania
Example: An employee earning RON 6,000/month is off sick for 30 calendar days.
- Waiting period (days 1–3): RON 0
- Sickness allowance (days 4–30): 27 days
- Daily allowance: RON 6,000 × 0.75 ÷ 30 = RON 150/day
- CNAS payment: RON 150 × 27 = RON 4,050
The employee’s normal earnings for this period would have been RON 6,000, so the allowance covers approximately 67.5% of normal income over the full absence.
The 3-Day Waiting Period
Romania’s 3-day waiting period is one of the more restrictive features of the system:
- No sickness allowance is paid for the first 3 days of any illness
- The waiting period applies to each new spell of illness
- There is no waiting period for workplace accidents or occupational diseases
- The employer has no obligation to pay during the waiting period unless the collective agreement provides otherwise
Some collective agreements require the employer to pay 100% of salary during the waiting period, effectively eliminating this gap.
Employer Obligations and Penalties
Romanian employers must:
- Verify the medical leave certificate through the CNAS portal
- Report the employee’s absence to CNAS within the prescribed timeframe
- Maintain records for at least 5 years
- Cooperate with CNAS for benefit verification
- Pay the employer’s share of social contributions on sickness allowance
Non-compliance can result in fines from the Labour Inspection (Inspectia Muncii) and potential liability for incorrectly calculated benefits.
Comparison With Other Countries
| Country | Sick Days | Pay | Certificate Required |
|---|---|---|---|
| Romania | Up to 183 days (extendable to 518) | 75% | Day 1 |
| UK | 28 weeks SSP | £116.75/week | Day 7 |
| Australia | 10 days personal/carer’s leave | Full rate | 2+ consecutive days |
| US | Varies by state | Varies | Employer policy |
FAQ
Can the waiting period be waived in Romania?
The statutory waiting period cannot be waived by contract. However, collective agreements and individual employment contracts may require the employer to pay salary during the first 3 days. Many employers in Romania voluntarily provide this benefit as part of their compensation package.
How long can sickness allowance last?
The standard sickness allowance period is 183 days per illness. For certain serious conditions (tuberculosis, cancer, HIV/AIDS, and other conditions specified by law), the benefit can be extended up to 518 days. After the maximum period, the employee may be assessed for disability benefits.
What is the employer’s role during sick leave?
The employer has no direct payment obligation for ordinary illness (statutory). However, the employer must verify the medical certificate, report the absence to CNAS, and maintain records. Some collective agreements require the employer to supplement the sickness allowance up to full salary.
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