Smart Update - Legislative Updates to Medical Leave - Your strategic HR partner - Smartree
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Smart Update – Legislative Updates to Medical Leave

Today, we bring you the latest Smart Update covering the legislative changes to medical leave that entered into force on 19 June 2026. These updates revise both the medical leave certificate template and the rules governing the eligibility and calculation of medical leave benefits.

The Medical Leave Certificate Has a New Format

Order No. 505/2026 updates both the template of the medical leave certificate and the instructions for completing it.

One of the most significant changes is the introduction of a new “National Health Program (NHP)” field, which will be completed by physicians for patients enrolled in National Health Programs. This new field enables a clearer identification of cases where specific rules for granting medical leave benefits apply.

At the same time, the section previously used to indicate the type of medical care has been reorganized. Information relating to outpatient consultations and hospitalization is now recorded in two separate fields, providing greater clarity on how medical care was delivered.

To ensure a smooth transition and avoid administrative disruptions, existing stocks of medical leave certificate forms may continue to be used until they are exhausted. During this transitional period, physicians will indicate “NHP” in the “Observations” field whenever applicable.

Clarifications on the Calculation of Medical Leave Benefits

The second legislative act, Order No. 506/2026, updates the implementing rules of Government Emergency Ordinance No. 158/2005 and provides important clarifications regarding the eligibility and calculation of medical leave benefits.

The most significant amendment concerns the application of the rule on the non-payment of the first day of medical leave. The Order specifies that when medical leave is granted continuously for the same medical condition or for related complications, the benefit reduction applies only once, regardless of the number of medical leave certificates issued.

The Order also clarifies the situations exempt from this rule. These include maternity leave, maternity risk leave, leave granted for the care of oncology patients, as well as medical leave issued under the National Health Programs or during hospitalization.

In addition, the Order updates the benefit calculation formula and clarifies the use of benefit codes applicable to employees covered by the National Health Programs.

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