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CHANGES TO LEGISLATION

This notification contains details regarding the modification of the labor legislation, recently published:

• Grating upon request 4 days per month of work from home or telework to employees with children under 11 years of age;
• The maximum value of meal vouchers will be increased as of 1 August 2023;
• Granting medical leaves for sick children up to 12 years of age.

1. GRATING UPON REQUEST 4 DAYS PER MONTH OF WORK FROM HOME OR TELEWORK TO EMPLOYEES WITH CHILDREN UNDER 11 YEARS OF AGE

The Labour Code was recently amended through the entry into force of Law no. 241/2023, to establish the following rights for employees with children under 11 years of age:

• Employees benefit, on request, of 4 days per month of work from home or telework, except for situations where the nature or type of work does not allow the activity to be carried out as such.
• In the situation where both parents (or legal representatives) are employed, the request for each 4 days period will be accompanied by a declaration on the other parent’s or legal representative’s own responsibility, which states that, they did not simultaneously request to work from home or telework, for that particular period.

Exception: The declaration on the own responsibility of the other parent or legal representative is not necessary if the parent or legal representative is found in the following cases provided at art. 3 of Law no. 277/2010:

1. a) is unmarried;
2. b) is a widow;
3. c) is divorced;
4. d) has the husband/wife declared missing by a court decision;
5. e) has the husband/wife under preventive arrest for a period longer than 30 days or is serving a custodial sentence and does not participate in the maintenance of the children;
6. f) is under 18 years of age and is in one of the situations as outlined at items a)-e);
7. g) they were appointed legal guardian or one or more children were entrusted to them or placed in foster care and they are in one of the situations as outlined at items a)-c).

• By derogation from the provisions of Law no. 81/2018, with subsequent amendments and additions, employees who work from home or telework, at their request, have the obligation to have all the necessary means to fulfil their duties according to the job description.

2. INCREASE IN THE MAXIMUM VALUE OF MEAL TICKETS AS OF 1 AUGUST 2023

On July 27, 2023, in the Official Gazette was published Emergency Ordinance no. 69/2023, which stipulates the following:

• Between August 1, 2023 and December 31, 2023, the value of a meal voucher cannot exceed the amount of 35 lei.
• Between January 1, 2024 and September 30, 2024, the nominal value of a meal voucher cannot exceed the amount of 40 lei.

The maximum nominal value of tickets valid as of October 1, 2024 will be published at a later date.

3. GRANTING MEDICAL LEAVES FOR SICK CHILDREN UP TO 12 YEARS OF AGE

Emergency ordinance no. 158/2005 and the Norms for applying the provisions of the Government Emergency Ordinance no. 158/2005 were recently amended, changing the age of children for which parents can benefit from medical leave.

More precisely, starting from June 26, the insured persons have the right to medical leaves for caring for a sick child up to 12 years old (previously the age was 7 years).

In the case of children with disabilities, the provision remained unchanged, the insured person being able to benefit from medical leave until the child turns 18.

On July 19 Order no. 2387/2023 was published containing the below changes that will be implemented to the medical certificate forms:

• Under the heading “Medical-surgical emergency/Infectious-contagious diseases from group A/Infectious-contagious diseases for which the isolation measure is instituted”, the phrase “Date/Signature” is replaced by the phrase “Date/Signature/Seal“
• Allowance code 09 “Care for a sick child up to 7 years old or disabled child due to intercurrent illnesses, until the age of 18″ is replaced by allowance code 09 “Care for a sick child up to 12 years old or a child with a disability due to intercurrent conditions, up to the age of 18″.

Medical leave certificate forms in the format in force prior to the publication of Order no. 2387/2023 is used until the existing stock is exhausted.

On the already existing forms, granted under allowance code 09, the specialist doctor or, as the case may be, the attending physician will enter in the “Observations” column – “09 Care of a sick child up to 12 years old or a disabled child for intercurrent ailments, up to upon reaching the age of 18 . . . 85%”, using the signature and seal.

Contexpert Consulting

Payroll Department