Paid sick leave: how many months of contributions are required and when it is not required at all

For most types of sick leave, insured persons must have a minimum insurance period before they can receive the benefit. Under Government Emergency Ordinance (GEO) No. 158/2005, the general rule requires six months of contributions accumulated within the last 12 months prior to the month in which the medical certificate is issued. The law does, however, provide for cases in which this entitlement is granted even where the minimum period has not been met.

Who the six-month period applies to

Article 7 of GEO No. 158/2005 establishes the six-month-within-the-last-12 requirement for temporary incapacity for work benefits arising from common illnesses or accidents occurring outside the workplace, for entitlements related to the prevention of illness and the restoration of working capacity, as well as for maternity leave, leave for caring for a sick child, and leave for caring for a patient with an oncological condition.

Employees, civil servants, seconded workers, those with special status, and recipients of unemployment benefit are automatically insured by operation of law for sick leave and related benefits, with no separate contract with a health insurance fund required. The insurance period is calculated by adding together all periods during which:

• the employment insurance contribution was paid;
• the contribution for sick leave and benefits was paid, whether by the employer, the insured person, the occupational accidents and diseases fund, or the unemployment insurance budget;
• the social health contribution was paid;
• the person was insured without paying contributions.

Who needs a separate contract for sick leave

Persons who are not mandatorily insured through an employment contract or other legal relationship provided for by law may obtain this entitlement through a contract concluded with the health insurance fund, provided they already hold insured status acquired by means of a tax declaration and payment of the compulsory health insurance contribution (CASS). Health insurance alone does not automatically confer entitlement to sick leave benefits — the contract for sick leave and benefits is a separate arrangement, must be registered with the health insurance fund, and takes effect only from the date of registration, without covering any prior periods retrospectively.

The qualifying period is not lost when changing employer

The six months are calculated in relation to the insured person, not their length of service with the current employer. Changing employer does not result in the loss of any previously accumulated qualifying period, provided those periods fall within the 12-month reference window and meet the legal requirements. Accordingly, an employee who has not yet completed six months with their current employer may still satisfy the condition by aggregating insurance periods from within the reference window, regardless of how many employment relationships were involved. The employee may need to obtain confirmation letters from former employers to verify those periods and establish the benefit amount.

What happens when full months are missing

Where income was not earned in all six of the preceding months, the qualifying period may be completed by aggregating periods from within the past year — the condition being that the total number of insured days must be at least equal to the total number of working days in the six months preceding the insured event. The calculation also includes periods treated as equivalent to insurance contributions: periods during which the insured person received the leave and benefits provided for under GEO No. 158/2005, as well as periods during which they received a temporary incapacity benefit paid from the occupational accidents and diseases fund.

Situations in which no minimum qualifying period is required

For certain conditions and circumstances, temporary incapacity for work benefit is granted without the six-month qualifying period. Exceptions include medical and surgical emergencies, certain categories of burns (including the recovery period), tuberculosis, Group A communicable diseases, neoplasms, and AIDS. The categories of burns and the list of relevant diseases and emergencies are set out in the implementing regulations and secondary legislation.

No minimum qualifying period is required for communicable diseases necessitating isolation under Law No. 136/2020, nor for quarantine leave and benefits, nor in cases of maternity risk.

Employment does not automatically guarantee entitlement to all benefits

Persons holding an individual employment contract, civil service relationship, secondment order, or special status are automatically insured for sick leave and benefits, with no separate contract required. However, insured status does not remove the six-month requirement for entitlements subject to the general rule. An employee at the start of their working life may only receive the benefit if they have prior periods that complete the qualifying period, or if their medical situation falls within one of the exceptions provided for by law.