You know that moment when you wake up in the morning with a fever, chills, or a pain that won’t let you concentrate… but you still tell yourself: “I can push through one more day, I can’t miss work”?
Maybe you’re afraid your absence will slow the team down on a project, that you’ll have even more work in the coming weeks, or you’re worried financially. In 2026, the rules regarding medical leave have changed, and fears and uncertainty are natural. That’s exactly why it’s important to know exactly what rights you have, how the money you receive for medical leave is calculated, and what happens if your medical leave is checked.
What You’ll Learn From This Article:
- What medical leave is and when you are entitled to it
- The new legal provisions on medical leave. What changed in 2026
- Who qualifies for medical leave
- What types of medical leave exist and how they are paid
- Questions and answers about medical leave
What is medical leave?
Medical leave is the period during which you are legally allowed to be absent from work due to a health problem, without losing your income. It is granted when a doctor determines that you are not fit to work, either because you are ill or because you need recovery, treatment, or isolation.
During medical leave, your employment contract is not interrupted and cannot be terminated for this reason. Instead of your regular salary, you receive an allowance, meaning a replacement income, which is calculated as a percentage of your previous earnings.
What are the legislative changes regarding medical leave in 2026? The first day of medical leave is no longer paid
Starting February 1, 2026, the state changed the payment of medical leave days and introduced a stricter system for verifying them through Emergency Ordinance no. 91/2025.
During the period February 1, 2026 – December 31, 2027, a new calculation rule applies: the medical leave allowance is paid for one day less. Practically, from the duration of your medical leave, one day will not be paid, even if it is recognized as a period of illness. It is important, however, that this unpaid day still counts toward seniority and insurance contribution periods, so it does not affect your future rights.
The National Health Insurance House (CNAS) and the county health insurance houses may verify whether a medical leave was granted legally and medically justified. This check can be carried out either on their own initiative or at the request of the employer.
In this way, the state is trying to combat situations in which medical leaves are granted “from the pen,” without a real illness. If, following a check, it is found that the medical certificate was issued in violation of the law, you will not receive the allowance, and the doctor who issued it will be disciplinarily sanctioned. However, if you are genuinely ill and have a real diagnosis, you have nothing to fear.
Who is entitled to medical leave
You are entitled to medical leave if you are insured in the public health system. This mainly means that you are an employee, a self-employed person (PFA), or another type of worker who pays health contributions. As a rule, you must have had at least six months of contributions in the last twelve months.
there are also special situations—such as pregnancy, serious illnesses, or medical isolation—in which this contribution period is not mandatory.
How to get medical leave — Step-by-step guide
You go to the doctor
The first thing to do when you are ill is to go to the doctor. You can go to:
- your family doctor
- a specialist doctor
The doctor will assess your health condition. If they determine that you are not fit to work, they will issue a medical leave certificate. This certificate is the official document proving that you need medical leave—and it is absolutely necessary in order to receive the allowance.
Without a valid medical certificate, you cannot receive money for the period you were absent from work for medical reasons.
The medical certificate
The certificate contains:
- the period for which medical leave is required,
- the diagnosis or the corresponding code,
- the date of issuance.
This document is the legal basis for paying the allowance. After receiving it, you must submit it to your employer within the legal deadline.
When and how to submit the medical certificate to the employer
It's important to submit the medical certificate within the deadlines required by law and by the company’s internal regulations. Usually, you must submit it by the 5th day of the month following the one in which the certificate was issued. If you submit it later or not at all, the employer may refuse to pay the allowance for that period. This may mean losing the money for the days you were ill and on medical leave.
Who pays for medical leave in 2026 and how payment changes
Payment for medical leave due to temporary incapacity for work (common illness or other types of medical leave) is divided between the employer and the social insurance system, but in 2026 there are new rules.
🔹 The first day is not paid
Starting February 1, 2026 and until December 31, 2027, the first day of medical leave will not be paid. This is a temporary rule introduced by Emergency Ordinance no. 91/2025 and applies to medical certificates issued during this period. This unpaid day still counts toward the insurance contribution period and does not affect your insured status. Aceasta zi neplatita conteaza totusi ca stagiu de asigurare si nu iti afecteaza calitatea de asigurat.
🔹 The following days — who pays
After the first unpaid day, payment is made as follows:
Days 2 – 6
The employer (covers the payment of the allowance)
From day 7 onward
The National Health Insurance House (CNAS) pays the allowance through the National Single Health Insurance Fund (FNUASS). In practice, even though CNAS pays the amounts after day 7, the employer pays you in advance and then recovers the money from the Fund’s budget.
🔹 Exceptions
There are situations in which the allowance is fully covered by the FNUASS budget, without the employer paying anything. For example:
- medical leave for pregnancy and maternity,
- serious illnesses fully covered,
- medical leave for caring for a child, according to the law.
In these cases, even the initial days may be covered by the Health Fund, according to the specific rules applicable to each type of leave.
How the medical leave allowance is calculated in 2026
Starting in 2026, the way medical leave pay is calculated relies on two main elements:
The calculation base is established on the average gross income
Everything starts from the average of your gross income from the last 6 months in which you earned income.
For example, if in the last 6 months you had 6,000 lei gross each month, your average is 6,000 lei.
If the incomes were different, their average is calculated (total gross over 6 months ÷ 6).
The percentage is applied depending on the type of leave
To this average, the legal percentage is applied, depending on the type of medical leave:
- Common illness → 75%
- Pregnancy and maternity / care for a sick child → 85%
- Work accident, serious illnesses, isolation, quarantine → 100%
Example (gross average = 6,000 lei):
- Common illness: 6,000 × 75% = 4,500 lei gross
- Maternity: 6,000 × 85% = 5,100 lei gross
- Serious illness / isolation: 6,000 × 100% = 6,000 lei gross
This is the theoretical gross monthly allowance.
It is converted into a daily amount
The allowance is divided by the number of days in the month (usually 30) to find out how much one day of medical leave is worth.
Example – common illness: 4,500 lei ÷ 30 = 150 lei gross per day
The new 2026–2027 rule is applied: one day is not paid
Example:
You have 10 days of medical leave → you will be paid for 9 days
If one day is worth 150 lei gross: 150 × 9 = 1,350 lei gross
What types of medical leave exist and how they are paid
The medical leave allowance is not calculated from your net salary, but from the average of your gross income over the last 6 months. From this average, a percentage is applied, depending on the type of medical leave.
| Type of medical leave | Percentage paid from gross salary | When it is granted |
| Medical leave for common illness (temporary incapacity for work) | 75% | When you are ill and cannot work (flu, viral infections, common conditions, exhaustion, etc.) |
| Medical leave for work accident | 100% | When you are injured at work or on your way to/from work |
| Medical leave for occupational disease | 100% | When working conditions cause an illness |
| Medical leave for pregnancy and maternity | 85% | Before and after childbirth |
| Medical leave for caring for a sick child | 85% | When you stay home to care for a sick child |
| Medical leave for caring for a child with serious conditions | 85% | For serious illnesses or disabilities of the child |
| Medical leave for serious illnesses (cancer, TB, HIV, etc.) | 100% | For treatment and recovery in major conditions |
| Medical leave for medical isolation | 100% | When you are isolated due to a contagious disease |
| Medical leave for quarantine | 100% | When you are placed in quarantine by medical decision |
| Medical leave for recovery and rehabilitation | 75% sau 100% | After surgeries, accidents, or conditions, depending on diagnosis |
1. Medical leave for common illness – 75% of gross
This is the most common situation: flu, viral infections, infections, digestive problems, back pain, exhaustion, depression, etc.
👉 You receive 75% of the gross average
Example: 6,000 lei × 75% = 4,500 lei gross allowance
From this amount, the following are withheld:
- pension contribution (CAS – 25%)
- income tax (10%)
- Health insurance contribution (CASS) is not paid.
2. Medical leave for work accident or occupational disease – 100% of gross
If you were injured at work or have an illness caused by professional activity:
👉 You receive 100% of the average gross salary
Example: 6,000 lei × 100% = 6,000 lei gross
The state considers that it is not your fault that you cannot work, so your income is not reduced.
3. Medical leave for pregnancy and maternity – 85% of gross
Includes:
- prenatal leave (before childbirth)
- prenatal leave (before childbirth)
👉 You receive 85% of the gross average
Example: 6,000 lei × 85% = 5,100 lei gross
This allowance is one of the most favorable, precisely to protect the mother and child.
4. Medical leave for caring for a sick child – 85% of gross
If you are off from work to stay home with your sick child (up to 12 years old or more in special cases):
👉 You receive 85% of the gross average
Example: 6,000 lei × 85% = 5,100 lei gross
It's recognized that you cannot work when your child needs care.
5. Medical leave for serious illnesses (cancer, TB, HIV, severe cardiovascular diseases) – 100%
For major conditions requiring long treatments.
👉 You receive 100% of the gross average
Example: 6,000 lei × 100% = 6,000 lei gross
The state fully maintains your income so you are not forced to work when you need treatment.
6. Medical leave for medical isolation (contagious diseases) – 100%
If you are isolated by medical decision (for example, due to a contagious disease):
👉 You receive 100% of gross
Example: 6,000 lei × 100% = 6,000 lei gross
Here, the state recognizes that your absence is necessary to protect others.
Can you take vacation leave when you are sick? Find out why vacation leave should not be used instead of medical leave
In the context of the new medical rules, more and more employees are tempted to make a dangerous compromise. Instead of requesting medical leave when they catch a cold or feel exhausted, they prefer to request a few days of vacation leave to avoid financial loss. Although this choice may seem logical in the short term, it can seriously affect your long-term rights.
The law treats illness and rest as two completely different situations. According to the Labor Code, art. 145 para. (4), medical leave interrupts vacation leave; therefore, the two types of leave are legally distinct.
Vacation leave is designed for recovery, personal time, and balance, while medical leave is intended exclusively for healing. That is precisely why the employer has the right to refuse a vacation leave request when it is evident that the absence is caused by a health problem. This is not a lack of empathy, but compliance with the legal framework that protects you, even when you don’t realize it.
When you turn sick days into “vacation” days, you unintentionally give up a fundamental right: the right to receive treatment and recover without using up your free time. Moreover, the law clearly states that if you become ill during vacation leave, it is interrupted—precisely because illness cannot be treated as an ordinary break.
Therefore, even if losing one paid day of medical leave may seem unfair, the solution is not to sacrifice vacation leave. Health and rest are two different rights, and each deserves to be protected for what it is.
Frequently asked questions about medical leave
Can my employer refuse my medical leave?
No. If you have a legally issued medical certificate, the employer has no right to refuse it. They cannot decide whether you “deserve” medical leave or not. Your only obligation is to submit the certificate within the legal deadline.
Can I be dismissed while on medical leave?
No. During medical leave, your employment contract is protected by law. The employer cannot dismiss you because you are ill. There are only very limited exceptions (such as company closure), but they are not related to medical leave itself.
What does verification of medical leave by CNAS mean?
In 2026, CNAS and the insurance houses can verify whether a medical leave was granted legally and justified. Usually, verification is document-based: diagnosis, duration, compliance with procedures. It is not a “punitive” check if you are genuinely ill, but a mechanism against abuse.
Do I lose money for medical leave in 2026?
Yes. For medical leaves issued between February 1, 2026 and December 31, 2027, one day of leave is not paid. However, that day counts toward seniority, insurance, and pension. It is a temporary reduction in income, not a loss of rights.
What happens if the doctor made a mistake when issuing the certificate?
If, following a check, the authorities find that the certificate was issued in violation of the law, the allowance may be canceled. In this case, the doctor is disciplinarily sanctioned. You lose the allowance not because you made a mistake, but because the document is not legally valid.
Am I required to stay at home during medical leave?
There is no general rule requiring you to stay permanently at home. What matters is that you follow the doctor’s instructions and do not carry out activities that contradict your illness (for example, intense physical work or other activities incompatible with the diagnosis).
How long can I benefit from medical leave in one year?
Normally, medical leave can reach up to 183 days in one year, depending on the diagnosis. For serious illnesses, this period can be extended based on medical documents and required approvals.
Does medical leave affect my seniority or pension?
No. The period of medical leave is considered a contribution period. This means that:
- No. The period of medical leave is considered a contribution period. This means that:
- insured status remains active,
- your future rights (including pension) are not affected.
Medical leave is a fundamental right that exists so that your health is not sacrificed in the name of productivity or fear of losing money. Behind every medical certificate is a person who needs time, peace, and healing. No company, no project, and no financial pressure should be worth more than your body and your balance.
The changes in 2026 may seem harsh, especially through the loss of one paid day, but they do not change the essence of this right: you are allowed to stop when you can no longer go on. You are allowed to say “I’m sick” without shame and without fear. The system may be imperfect, but your right to health remains intact.
Perhaps the most important thing is to understand that taking medical leave on time means protecting yourself and those around you: colleagues, family, clients, people who depend on you.
Apply for a temporary job at recrutare@smartemp.ro and the Smartemp team, as your employer, will take care of the entire document administration process, including medical leaves.
Read also:
The advantages of a temporary job in 2026. Are companies open to this type of collaboration?
How to Set Realistic, Easier-to-Reach Goals in 2026 While Job Hunting. Your Step-by-Step Guide.