What leave entitlements do employees have? Vacation leave. Sick leave. Other leave options.
- Avocat
- Apr 4
- 9 min read
Leave is a fundamental benefit for employees in Romania, regulated by the Labor Code and other specific laws.
There are various types of leave, with the most common being:
Each type of leave is legally provided to protect certain rights of employees and other categories of individuals. It is subject to specific legal conditions and requirements, along with the submission of relevant labour documentation, and entitles employees to corresponding benefits, paid by the employer or other designated payers.
1. Annual Leave. Labor Lawyer.
1.1. Duration of Annual Leave
Every employee is entitled to a minimum of 20 working days of paid annual leave, according to the Labor Code. The actual duration of leave may be greater, depending on the individual labor contract or applicable collective agreements.
Public holidays and those established by the collective labor agreements are not included in the annual leave duration.
Employees working under difficult, dangerous, or harmful conditions, as well as blind individuals, other disabled persons, and young people under 18, are entitled to at least 3 additional working days of annual leave. Similarly, female employees undergoing in vitro fertilization procedures are entitled to three additional paid days of leave every year.
1.2. General Rules
The right to annual leave cannot be transferred, waived, or limited. Therefore, the following rules apply to annual leave and must be respected by both employers and employees:
The right to annual leave cannot be transferred to others, whether to a colleague, employer, or another person.
Employees cannot waive their annual leave. Even if an employee wishes to work continuously and not take annual leave, the law does not allow them to forfeit this right.
Annual leave cannot be limited by contract or agreement. The employer cannot set a duration shorter than the legal minimum (20 working days) through the individual labor contract, internal regulations, or any other documents/policies. The employer also cannot impose conditions that restrict this right to leave.
Cash compensation for unused annual leave is prohibited. Unused leave cannot be converted into money, except when the employment contract ends and the employee has not taken the entitled leave. Annual leave can be carried over to the next year according to the law.
1.3. Annual Leave Indemnity
The indemnity for annual leave is calculated based on the average daily income from the last three months prior to the month in which the leave is taken, multiplied by the number of days of leave. This indemnity cannot be lower than the base salary corresponding to that period.
1.4. Scheduling Annual Leave
The scheduling of annual leave is done by mutual agreement between the employer and the employee, either individually or through a collective schedule set at the beginning of the year.
Annual leave can be interrupted at the employee's request for objective reasons. An example of such an interruption would be if an employee discovers a health problem requiring treatment and receives medical leave during their annual leave. In this case, the employee can request the interruption of the leave, and the unused days will be rescheduled.
1.5. Frequently Asked Questions About Annual Leave
What happens if I don't take my annual leave in one year?
Exceptionally, unused leave days may be carried over in accordance with the law and the individual labor contract, and must be granted within 18 months from the end of the year in which the right to leave was earned.
Can the employer refuse to grant annual leave?
The employer cannot refuse to grant annual leave, but they may propose rescheduling it in justified cases related to business operations.
Can I take leave without the employer's approval?
No, annual leave must be approved after submitting a request in accordance with internal procedures. Otherwise, the employee's absence may be considered unjustified and could constitute a disciplinary violation in certain cases.
Can I be called back from annual leave for work emergencies?
The employer can recall an employee from annual leave in cases of force majeure or urgent situations requiring the employee’s presence at the workplace. In such cases, the employer is required to cover all return-related expenses for the employee and their family, as well as any potential damages caused by the interruption of the leave.
2. Medical Leave. Labor Lawyer.
Medical leave is a right of employees insured under the healthcare system, granted in the case of temporary incapacity for work due to medical reasons.
2.1. Duration of Medical Leave
The duration of medical leave depends on the condition the employee has and is determined by the doctor issuing the medical certificate.
The maximum duration of regular medical leave is 183 days per year. In special cases, such as tuberculosis, neoplasms, or other serious diseases, it may be extended up to 18-24 months. After the maximum duration is exceeded, the employee may undergo an assessment to determine their capacity to work.
2.2. General Rules. Ask a Lawyer.
Medical leave is granted only based on a medical certificate issued by a doctor. The employee must notify the employer as soon as possible about their incapacity to work, and the medical certificate must then be submitted to the employer within 5 working days of the following month after its issuance.
For the first 5 days of absence, the certificate can be issued by the family doctor, after which a specialist is required.
During medical leave, the individual labor contract cannot be terminated by the employer.
2.3. Medical Leave Indemnity
The indemnity for medical leave is calculated based on the average gross income from the last 6 months, applying a percentage depending on the type of leave. For temporary incapacity for work, 75% of the gross income is granted, while for occupational diseases, work accidents, pregnancy, and maternity leave, 100% is paid.
The first 5 days of leave are paid by the employer, and the rest is covered by the National Health Insurance House (CNAS). The actual payment for medical leave is made by the employer for the days beyond the first 5, which will be reimbursed by CNAS later.
2.4. Frequently Asked Questions About Medical Leave
Can I take medical leave during my annual leave?
Yes, if you need medical leave, the annual leave is suspended, and the unused days can be rescheduled.
Can the employer refuse medical leave?
No, medical leave granted based on certificates issued by a family or specialist doctor cannot be refused by the employer. If the employer wants to challenge the authenticity of the medical certificate or notices discrepancies, they are obliged to address the health insurance houses for verification.
Does medical leave reduce annual leave?
No, medical leave days do not affect the number of annual leave days an employee is entitled to.
What can I do if the employer does not pay the medical leave indemnity?
Check the correct submission of the medical certificate.
The medical certificate must be submitted to the employer within the legal timeframe. If it was not submitted on time, the employer may refuse payment.
Written request to the employer.
The employee can send a written request asking for an explanation regarding the payment delay or confirmation that the file was submitted to the Health Insurance House for reimbursement.
Complaint to ITM (Labor Inspection).
If the employer refuses or unjustifiably delays the payment, the employee can file a complaint with ITM, including online. ITM can conduct an inspection and apply sanctions.
Complaint to the Health Insurance House (CAS).
If the indemnity is paid from FNUASS, the employee can verify whether the employer has submitted the file. If not, they can report it to CAS, which can sanction the employer.
Legal action.
The employee can file a lawsuit in the labor courts to protect their rights. Also, read about court costs.
3. Maternity Leave
Maternity leave is the medical leave granted to female employees for pregnancy and postnatal care. It is regulated by Government Emergency Ordinance no. 158/2005 and is mandatory and protected.
To be eligible for maternity leave and indemnity, the employee must meet the following conditions:
Be insured under the health social insurance system (active employment contract, PFA, etc.);
Have completed at least 6 months of contributions in the last 12 months prior to the month in which the leave begins.
3.1. Duration of Maternity Leave
The total duration of maternity leave is 126 calendar days, divided as follows:
Pregnancy leave: a maximum of 63 days before childbirth.
Postnatal leave: a minimum of 63 days after childbirth.
The doctor decides how these days are divided, but the 42 days following childbirth are mandatory.
3.2. Who Pays the Maternity Leave Indemnity?
The indemnity is paid from the FNUASS (National Unique Fund for Health Social Insurance), through the employer.
The amount is 85% of the average gross monthly income earned in the last 6 months.
3.3. How Can the Right to Maternity Leave Be Lost?
If the employee has not completed the minimum contribution period of 6 months.
To receive maternity indemnity, the employee must have completed at least 6 months of contributions in the last 12 months prior to the month in which the leave starts.
This contribution period can be completed through: active individual employment contract; independent activities (PFA, II, liberal professions); paid medical leaves; equivalent periods (e.g., leave for temporary incapacity for work).
If the employee does not meet this requirement, she WILL NOT receive maternity indemnity from the state, even if she takes medical leave. However, she may request unpaid leave or other forms of social protection (if applicable).
If the medical certificate is not issued by a specialist in obstetrics and gynecology.
Maternity leave (pregnancy and postnatal) is a special medical leave, which must only be issued by a specialist in obstetrics and gynecology, with a valid stamp and signed by the family doctor.
If the certificate is issued by another type of doctor (e.g., family doctor, internist, etc.), the Health Insurance House may refuse payment of the indemnity, considering the certificate invalid. The employer cannot reimburse it, and the employee will not receive the indemnity.
If the medical certificate is not presented to the employer within the legal deadline.
The medical certificate for maternity leave can be submitted to the employer by the 5th of the following month, just like for other types of medical leave. In practice, many employers request submission within 5 working days from the date of granting (written or online, depending on internal policies) to facilitate reimbursement, but the legal deadline remains as stipulated by law.
If the deadline is missed, the employer may refuse to accept the document, and the maternity indemnity is no longer guaranteed. Even if the employer accepts it, the Health Insurance House may refuse reimbursement, meaning the employer is not required to pay from their own funds.
If the employee works during the period when she should be on maternity leave.
Maternity leave is considered temporary incapacity for work. Therefore, if the employee:
Goes to work,
Performs professional activities (including working from home or as a PFA),
Earns income from work during that period,
She may lose the right to the indemnity, and the leave may be canceled. The Health Insurance House may consider that she was not incapacitated, and thus, she will no longer be eligible for payment.
Additionally, if the Labor Inspectorate (ITM) or the Health Insurance House (CAS) finds that the maternity indemnity was illegally received, the employee may be required to return the amounts wrongly received.
3.4. Frequently Asked Questions About Maternity Leave
Can I go directly on maternity leave without having had prior medical leave?
Yes, if the pregnancy is monitored and the gynecologist issues the certificate starting from the 28th week of pregnancy.
Can I work part-time during maternity leave?
No, during maternity leave, the employee is considered temporarily incapacitated for work.
Can the employer dismiss an employee on maternity leave?
No. The Labor Code explicitly prohibits the dismissal of employees on maternity leave, except in cases of judicial reorganization or bankruptcy of the company.
What happens after maternity leave?
After the 126 days, the mother can request parental leave until the child is 2 years old (or 3 years if the child has a disability), provided she has 12 months of contribution in the last 2 years.
4. Other Types of Leave. Labor Lawyer.
4.1. Parental Leave
Parental leave can be granted to one of the parents until the child reaches 2 years old (or 3 years for a child with a disability). The indemnity is 85% of the average net income earned in the last 12 months. The parent must be insured and have at least 12 months of contributions in the last 24 months. Leave can also be requested on a part-time basis, in which case the indemnity will be adjusted proportionally with the hours worked.
4.2. Caregiver Leave
Caregiver leave is granted to employees who need to take care of a seriously ill relative (spouse, parent, child, sibling, etc.), with a duration of up to 5 days per year. The indemnity is not always paid by the employer, and the right to leave is conditional on a medical certificate confirming the severity of the health condition.
4.3. Unpaid Leave
Unpaid leave is granted for personal reasons (e.g., studies, family events), and it is not paid by the employer.
Unpaid leave is granted upon the employee's request for personal or professional reasons, but without receiving any indemnity from the employer. The general conditions for granting unpaid leave are:
Employee’s Request.
The employee must submit a written request for unpaid leave, specifying the reason and the requested period. This must be approved by the employer.
Duration of Unpaid Leave.
There is no legally imposed duration limit, but the employer can determine, based on the internal circumstances of the company, the period during which it can be granted. Usually, the employer can decide whether to approve the request based on the organization's needs.
Employer Approval.
Unpaid leave is not an employee's mandatory right; the employer can decide whether to grant this type of leave depending on internal policies and the needs of the company. Therefore, the employer is not obligated to approve every request.
Seniority.
The period of unpaid leave does not affect the employee’s seniority, and the employee retains this right even during the leave, for purposes such as pension calculation or other social benefits.
Specific Conditions.
The employer may impose specific conditions for granting unpaid leave, such as requiring a notice period a few days in advance to ensure continuity in the workplace.
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