MEDICAL LEAVE AFTER THE LATEST LEGISLATIVE AMENDMENTS: TECHNICAL ADJUSTMENT OR PARADIGM SHIFT?
MEDICAL LEAVE AFTER THE LATEST LEGISLATIVE AMENDMENTS: TECHNICAL ADJUSTMENT OR PARADIGM SHIFT?

Summary/Abstract: The recent amendments brought to the legal framework governing medical leave through Law no. 141/2025 and Government Emergency Ordinance no. 91/2025 have significantly reconfigured the mechanism for granting and paying temporary incapacity for work allowances, raising the issue of whether these measures should be classified either as simple technical adjustments or as a paradigm shift in the field of social protection. The reform introduces a differentiated system for calculating allowances depending on the duration of the medical leave, as well as the measure consisting in the non-payment of the first day of leave in cases of ordinary illnesses, with temporary application and exceptions for serious medical situations. These amendments are justified by the need to increase the efficiency of public expenditure, reduce abuses, and strengthen control over the use of FNUASS funds. From a legal perspective, the analysis highlights the tension between these interventions and the fundamental principles of social security, such as solidarity, equity, and the effective protection of the employee temporarily unable to work. Possible implications in relation to the proportionality requirements arising from constitutional and European law are also discussed. At the practical level, the effects are reflected in the reduction of the number of short-term medical leaves, the increase of administrative control exercised by the National Health Insurance House (CNAS), and a redistribution of responsibilities between the state, the employer, and the employee. At the same time, attention is drawn to the risk of an increase in the phenomenon of presenteeism, namely the employee’s presence at work despite illness, with potential negative effects on public health and labour productivity. In conclusion, the article highlights the necessity of maintaining a balance between budgetary discipline and the effective social protection of employees. It also underlines the importance of orienting public policies towards medical prevention, by encouraging preventive medical check-ups and health education. In this context, the possibility of introducing a system of “self-certification” for minor illnesses, similar to the models existing in other European states, is proposed as a complementary measure intended to reduce pressure on the medical system and to provide a more efficient balance between employee protection and the financial sustainability of the healthcare system.

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