Romanian employers are entitled to the reimbursement of the medical leave allowances paid to employees, from the Romanian National Health Insurance Fund.
In this respect they must file a request to the competent regional Health Insurance House.
Unfortunately, reimbursement is often obtained with significant delays or only through a legal action.
To successfully recover these amounts:
1. Adhere to the legal deadline for submitting the reimbursement request - 90 days from the settlement of salary rights for the month in which the medical leave was granted – the medical leave allowances must be also paid at this date. This deadline is final; after its expiry you will lose your right to reimbursement.
2. Chek if the legal resolution and payment period is respected - 60 days from the reimbursement request’s registration. If the amounts are not paid within this period, you may file a legal action to the court.
3. If you receive a payment rejection notice - address the specified issues, submit rectifying tax declarations for the corresponding months and resubmit the request within the 90-day deadline from receiving the notice.
4. If the legal resolution period has been exceeded, it is crucial to file a court action within 3 years from the request’s registration with the Health Insurance House, to avoid prescription.
Legal action is exempt from stamp duty and is typically resolved quickly, often within one or two court hearings. The Romanian Health Insurance House frequently makes voluntary payments upon receiving the action, even before the first court hearing.
In court, you can also request the adjustment of the outstanding amount by the inflation index and legal interest from the due date until full payment, as well as other expenses you made, like the lawyer fees.
