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The sick leave grants days off in case of illness or for health care. The Labor Code stipulates, in Article 50, paragraph b) that, if there is a leave for temporary incapacity, the individual contract is suspended.
One of the most important effects of sick leave on the individual labor contract is precisely the suspension by law. The employee doesn’t performs any work during this period and doesn’t receive any salary rights. Instead, he receives an allowance for temporary incapacity for work.
Read here Who pays for sick leave.
The suspension of the individual labor contract due to sick leave isn’t registered in ReviSal. The GD 500/2011 updated on ReviSal – the register of the employees clearly mentions this exception in Article 3, paragraph 2, letter h):
“The register is filled in the order of employment and includes the following elements: ………………….. h) the time and the causes the suspension of the individual labor contract, unless the suspension is under medical certificates; “
One of the first consequences of the suspension of the labor contract following the occurrence of sick leave is that the employee is unable to resign. In reverse, he can not be fired, but here are exceptions.
The dismissal of an employee on sick leave may be ordered under Article 60 of the Labour Code alinetul 2, in case of:
- reorganization;
- insolvency;
- dissolution of the employer.
The sick leave suspends:
- the notice period;
- the probationary period;
- the annual leave.
When the activity is resumed, the probationary period, the notice period and the annual leave are resumed.
The sick leave may be discontinued, in situations where an employee wishes to resume the work before the expiry of the period set out in the medical certificate. In this case, the certificate is mandatory to be properly modificated by the prescriber. This is established by Article 37, paragraph 4 of the Order no. 60/2006 for the approval of the application of the GEO no. 158/2005.
The sick leave does not reduce the annual leave
The number of days of the annual leave to which an employee is entitled is not affected by the sick leave, according to Directive 2003/88 of the European Court of Justice. Given that Article 145, paragraph 2 of the Labor Code is inconsistent with the aforesaid provisions of the Directive, the provisions of the Directive are applied, based on Article 148, paragraph 2 of the Constitution of Romania.
The sick leave and the fixed-term labor contract
If the individual labor contract has a fixed-term, the sick leave does not postpone the deadline of the contract. The employment relationship ends on the date specified in the contract, even if the employee is on sick leave. After the contract ends, the former employee will address insurance house belonging to for requesting the allowance for the period after the ending date.
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