On 31 December 2025, Government Emergency Ordinance no. 91/2025 on the establishment of certain measures within the healthcare system (“GEO 91/2025”) entered into force. Among others, this normative deed introduced a series of amendments to the provisions of Government Emergency Ordinance no. 158/2005 on medical leaves and social health insurance indemnities (“GEO 158/2005”), as outlined below:
1. Temporary non-payment of the social health insurance indemnity for the first day of the medical leave
For the medical leave certificates issued during the 1 February 2026 – 31 December 2027 period, the social health insurance indemnities provided under GEO 158/2005 shall be calculated and paid with a one-day reduction and shall be borne as follows:
► by the employer, from the 2nd day up to and including the 6th day of temporary work incapacity, except for certain situations expressly and exhaustively regulated by law;
► from the budget of the National Unique Social Health Insurance Fund, starting with: (i) the day following those borne by the employer, in accordance with the previous point above, respectively with (ii) the 2nd day in the case of indemnities that, according to the law, are fully borne from the budget of the National Unique Social Health Insurance Fund.
The periods corresponding to this reduction of the social health insurance indemnity constitute contribution periods for the purposes of medical leaves and social health insurance indemnities, while maintaining the insured status within the social health insurance system.
2. New regulations regarding the audit of medical leaves
The provisions of GEO 158/2005 concerning the audit of medical leaves have been further detailed, expressly stating that CNAS (National Health Insurance Authority) and the health insurance authorities may carry out audits of medical leaves in terms of legality and justification of their granting, either ex officio or upon the request of employers.
Such an audit implies, inter alia, the verification of the consistency of the medical leave certificates with the medical diagnosis and the medical recommendations.
Medical leave certificates found to be non-compliant shall be referred to the work capacity expert assessment offices for the purpose of their medical analysis and verification. Where, following the audit, it is established that a medical leave certificate was issued in breach of the applicable legal provisions, the insured person shall not be entitled to the corresponding medical leave indemnity.
