Measure eliminating payment for the first day of sick leave challenged on constitutional grounds

A major controversy has erupted over the new Emergency Ordinance establishing that the first day of sick leave will no longer be financially compensated. The "Solidaritatea Sanitară" (Healthcare Solidarity) Federation of Romania has flagged serious risks of unconstitutionality in this measure, which will directly affect all those who fall ill and need time to recover.

The main issue identified by trade unionists concerns the procedure by which the legislation was adopted. They argue that the draft was not submitted to the mandatory debate within the Economic and Social Council (CES), a step considered fundamental to the legal validity of any normative act of this scale.

Federation representatives are citing precedents set by the Constitutional Court, which has explicitly ruled that passing a law without a CES opinion constitutes a breach of fundamental constitutional rules. This procedural omission could ultimately lead to the measure being struck down entirely by the courts.

Lack of consultation with social partners

Although the "Solidaritatea Sanitară" Federation took part in a session of the Social Dialogue Commission organised by the Ministry of Health — where it expressly called for this measure to be dropped — the Government did not take the proposal on board. The Executive assumed full responsibility for the consequences of this decision, disregarding the recommendations put forward by trade union organisations.

The measure was adopted on Tuesday, at the last cabinet meeting of 2024, with authorities justifying it on the grounds that it is necessary to curb the phenomenon of fraudulent sick leave. However, this approach raises serious questions about the impact on people who are genuinely ill and need time to recover.

Temporary, yet uncertain

Health Minister Alexandru Rogobete clarified that the measure is "transitional" in nature, initially planned to run for two years. He added that should the phenomenon of fraudulent sick leave decline significantly, the measure could be scaled back or even cancelled altogether, as it is not a definitive decision.

This situation creates additional uncertainty for all employees, including older workers who are more vulnerable to illness. They will have to cover the first day of sick leave from their own pocket, which may represent a further financial burden for many families.