In the Official Gazette of Romania of 22 December 2022 the Order No. 2172/2022 on the granting of carer's leave ("Order 2172/2022") was published. The Order 2172/2022 regulates the conditions for granting the new leave introduced into the Labour Code by Law No. 283/2022 amending and supplementing Law No. 53/2003 - Labour Code and Government Emergency Ordinance No. 57/2019 on the Administrative Code ("Law 283/2022").
Order 2172/2022 entered into force as of 22 December 2022.
(i) Current provisions of the Labour Code
Carer's leave is defined under Article 1531 of the Labour Code as leave granted to employees for the purpose of providing personal care or support to a relative or person living in the same household as the employee who is in need of care or support due to a serious medical condition.
Carer's leave is granted at the written request of the employee and lasts for 5 working days in a year. A longer duration of leave may be established by special laws or by collective agreement.
The period for which carer's leave is granted is not included in the duration of annual leave and constitutes seniority (in Romanian, vechime in munca).
(ii) New conditions established by Order 2172/2022
The provisions of Order 2172/2022 complement the provisions of the Labour Code and set out the supporting documents required to be submitted to the employer following a request for leave, as well as the serious medical conditions for which leave is granted.
- Supporting documents
Within a maximum of 30 working days from the date of submission of the request, the employee must submit to the employer the documents proving that the person to whom he/she has provided care or support is a relative or a person living in the same household as him/her, as well as the existence of the serious medical condition that prompted the employee's request for carer's leave.
1. The documents required to prove the relative status of the person to whom the employee has provided care are, as appropriate:
a) Identity card ;
b) Birth certificate;
c) Marriage certificate.
2. The documents required to prove that the person to whom the employee has provided care or support lives in the same household as the employee are, as appropriate:
a) the identity card of the person requiring care showing the same domicile or residence as the employee;
b) the document by which the person was admitted to the premises;
c) the certificate from the owners'/tenants' association (in Romanian, asociatia de proprietari/locatari);
d) the statement on the employee's own responsibility that the person to whom the employee has provided care or support lives in the same household as the employee for at least the period of the care leave.
3. The serious medical condition shall be proved by one of the following documents, as appropriate:
a) Hospital discharge note;
b) Medical certificate issued by the attending physician or family doctor of the person with serious medical problems.
- Serious medical conditions
Serious medical conditions are listed in detail in Order 2172/2022.