Sick leave is an important part of the social security system, providing protection for employees in the event of absence from work for medical reasons. In Romania, sick leave is paid for by the state and paid by the National Health Insurance Fund (FNUASS). In theory, employers should be reimbursed for sick leave benefits incurred, but this process can often be difficult and delayed.
Deadlines for submitting a claim for recovery
In order to file a sick leave claim, the employer must complete the claim and attach relevant documents, such as the sick leave centraliser. It is important that these documents are completed correctly and comply with the legal requirements.
– Recovery files for sick leave from the FNUASS can be submitted online on the special platform provided by the Health Insurance House (CAS);
– Claims for the recovery of sick leave amounts from the FNUASS are made via the online platform on a monthly basis;
Checking the status of settlement
In practice, delays in the settlement of sick leave benefits can last from a few months to 1-2 years after the submission of the file. To avoid such delays, it is recommended that employers submit recovery files within the deadline set by CAS and monitor the status of settlement.
If, following monthly claims (and any returns), the FNUASS does not pay the outstanding sick leave, it is necessary to take legal action to recover the amount.
It is important to lodge a preliminary complaint before taking the matter to court. A preliminary complaint is a request to the competent authority for a problem or dispute to be resolved before going to court.
To lodge a preliminary complaint, it must be in writing and contain relevant information about the case, such as the reasons for contesting the decision or action of the competent authority. It must be lodged with the dispute resolution authority before going to court.
Administrative court proceedings
If the prior complaint has not led to a resolution of the dispute or has not been resolved within the prescribed time limit, you can take legal action. This means that you will take legal action to obtain your rights to sick leave benefits.
The time limit for the administrative dispute is 6 months from the date of the refusal of the prior complaint or from the date on which the deadline for replying expired.
Recovering sick leave can be a complex process, but with the right information and assistance, you can get your rights effectively. Meet the deadlines, file your claim online, make your preliminary complaint and, if necessary, take legal action. Make sure you have the support of a specialist in employment law and administrative litigation to ensure that your action is in line with the law and that you get the results you want.
In the process of recovering sick leave, it is important to have the support and assistance of a specialist in labour law and administrative litigation. Teodorescu Partners is a law firm specialized in these areas and can provide legal advice and assistance at all stages of the process.