The Right of Independent Workers to Maternity Risk Leave Cover Image
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Dreptul lucrătoarelor independente la concediu de risc maternal
The Right of Independent Workers to Maternity Risk Leave

Author(s): Felicia Roșioru
Subject(s): Gender Studies, Human Rights and Humanitarian Law, Demography and human biology, Labour and Social Security Law
Published by: Editura Hamangiu S.R.L.
Keywords: maternity risk; paid leave; independent workers; gender discrimination;

Summary/Abstract: This point of view brings arguments in the sense of recognizing the right to maternity risk leave for all the insured persons (on a mandatory or optional basis), the main condition in this regard consisting in the occurrence of the insured risk – in this case, the maternal risk (the high-risk pregnancy) – attested or certified under the law. In this context, we argue that the interpretation of the Health Insurance House, contained in the CNAS Circular no. P1045/01.04.2021, which restricts the granting of the right to leave and maternity risk allowance only to salaried women, materialized by amending art. 7 lit. e) of the Order of the Ministry of Health and the National Health Insurance House no. 15/2018/1311/2017 is erroneous.

  • Issue Year: V/2022
  • Issue No: 4
  • Page Range: 256-261
  • Page Count: 6
  • Language: Romanian