Pursuant to art. 20 of the Implementing Rules for Government Emergency Ordinance no. 158/2005 on sick leave and health insurance benefits, the cumulative duration of sick leave certificates issued by the family doctor to an insured person for temporary incapacity for work cannot exceed 30 calendar days in the past year, calculated from the first day of illness, regardless of the cause.
After the cumulative 30 calendar days granted by the family doctor have been exhausted, sick leave certificates will only be issued by the attending physician in specialist outpatient care or in hospital (in the case of hospitalization), within the maximum durations provided by law.
We note that the previous regulation provided that the above duration did not include sick leave days granted for medical-surgical emergencies or in the case of extension based on a medical letter from the attending hospital physician.
Order no. 872/543/2020 adds that the cumulative duration mentioned above also does not include days of extension of sick leave for medical consultations carried out remotely during the state of emergency, nor those representing the extension of sick leave for patients with COVID-19.
It also does not include sick leave days granted for the period between May 15, 2020 and June 30, 2020, where, after the expiry of sick leave granted upon discharge from hospital for conditions other than COVID-19, the patient’s health condition does not allow resumption of activity, in which case the family doctor, based on the medical letter issued by the attending hospital physician, may extend sick leave for the same condition, within the maximum durations provided by law.
Pursuant to para. (1) of art. 78^2 (newly introduced by Order 872/2020), sick leave certificates issued from May 15, 2020 onwards may be transmitted by attending physicians to insured persons through remote electronic means of communication.
For the issuance of sick leave certificates mentioned above, the certificate issued by the payers of health insurance benefits may also be issued through remote electronic means of communication.
Sick leave certificates referred to in art. 78^2 para. (1), issued by physicians other than family doctors, are submitted to payers of health insurance benefits without the family doctor’s endorsement.
Sick leave certificates may be transmitted by the beneficiary to the payers of health insurance benefits (employer/health insurance fund) through remote electronic means of communication.