Sintagma „îngrijirea copilului bolnav în vârstă de până la 7 ani” cuprinsă în art. 26 alin. (1) teza I din OUG nr. 158/2005 privind concediile medicale și indemnizațiile de asigurări sociale poate face obiectul unei excepții de neconstituționalitate?
The syntagma “the care of the sick child under the age of 7” contained in article 26, paragraph (1), thesis I of GEO no. 158/2005 on sick leave and social security benefits can be subject to an exception of unconstitutionality?

Summary/Abstract: In the preamble of the Government Emergency Ordinance no. 99/2017[1] it is specified that: “Taking into account the fact that in the absence of a regulation in the case of a child with serious illnesses, the insured persons would not benefit from leave and allowance for the care of the sick child under the age of 16....”. All the motivations invoked above justify changes that do not take into account the situation of children over 7 years of age, sick with a disease that is not included in the List of serious diseases according to Annex no.8 to Order no. 1.398/729/2021 of the M.S. and CNAS amending the Norms of 5 April 2018, but which is provided for in the International Classification of Diseases. The question arises whether in this case there can still be talk of fair and non-discriminatory treatment in granting leave and care allowance for sick children up to 7 years of age and those who are over the age of 7 and suffer from a disease that is not serious but which affects their health?

• Details
• Contents