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O.J. 268/26.04 - Emergency Ordinance no. 36/2010 issued on 04.14.2010 amending and supplementing Government Emergency Ordinance no. 158/2005 regarding leave and allowances for social health insurance

  According to the changes, in order to qualify for leaves and social health insurance payments, the applicants must cumulatively fulfill the following conditions:

Inspection at home is done by taxpayers, accompanied, if appropriate, by a representative of the police, taking into account individual recovery program recommended by the doctor. For persons in temporary work incapacity who refuse the checking, the payment of allowances will cease from the date on which the fact was observed.

Within 10 days from the effective date of this ordinance shall be approved the rules implementing the provisions on inspection at home.

 The deadline of application for sick leave allowances has changed. Thus, under the new regulations, the allowance can be requested on the basis of documentary evidence, within 90 days from the date on which the beneficiary was entitled to request them. Previously, compensation could be sought within the limitation of three years. Sick leave certificates issued to the effective date of this ordinance shall be submitted to the health insurance houses within 90 days after entry into force of this Ordinance.

 Another amendment to this Ordinance refers to the level of fines. Thus, the issue of sick leave by doctors who do not comply with the legal provisions in force, the fine will be between 5,000 and 10,000 lei. Also, if the employers do not submit monthly statements to FNUASS, their unjustified refusal to pay indemnities and erroneous calculation and payment of allowances, the fines will range between 2,500 and 5,000 lei. Previously, these offenses were punished with fine from ROL 1,000-2,500.

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