Leave to care for a sick child: how many days, how much

When a child falls ill, an insured parent can receive paid leave to care for them: it is granted for a child up to 7 years old (up to 18 in the case of a child with a disability, for intercurrent conditions), with a benefit of 85% of the calculation base. The certificate is issued by the medic de familie (family doctor) or the treating physician, and the duration is limited — as a rule, a maximum of 45 days per year for one child, with exceptions. The legal basis is OUG (Emergency Ordinance) 158/2005. Below is a short summary of who is entitled, how many days, and how much you receive.

Who is entitled to this leave

Leave to care for a sick child is granted to one of the following, provided they are insured and have the minimum insurance period:

• one of the parents (mother or father);
• the guardian;
• the person who has the child in their care under the conditions of the law (for example the foster carer, the adopter).

The important rule: for the same child, in the same period, only one person can receive the leave. However, parents may alternate — the mother can take part of it, then the father — as long as they do not overlap.

The insurance-period condition (insurance seniority)

To be entitled to the benefit, you need a minimum insurance period of 6 months achieved within the last 12 months prior to the month of the leave. Exceptions are medical-surgical emergencies and group A infectious-contagious diseases, where the benefit is granted regardless of the insurance period.

Up to what age of the child

• General rule: a child up to 7 years old.
• A child with a disability: for intercurrent conditions, the right is extended up to 18 years old.

An “intercurrent condition” means an illness that arises on top of an existing disability (for example a respiratory infection in a child with a chronic disability) — not the disability itself.

How many days per year you can receive

The duration is limited. As a rule, a maximum of 45 calendar days per calendar year for one child. However, the law provides for situations in which the limit is exceeded, with supporting documents:

• infectious-contagious diseases;
• immobilization of the child in a plaster cast;
• surgical procedures;
• other serious situations provided for by the implementing rules.

Because the day cap and the exceptions can be adjusted by regulation, check the limit in force on cnas.ro before making a final calculation. The certificate is granted for calendar days, not only working days.

How much you receive: the 85% benefit

The benefit for caring for a sick child is 85% of the calculation base, under OUG 158/2005. It is one of the benefit codes with a higher percentage than the usual 75% for one’s own illness.

The calculation base is the average of the gross monthly income over the last 6 months out of the 12 months prior to the month in which you go on leave, months on which the social health insurance contribution was paid.

Simplified, the calculation is:

1. The gross income from the last 6 contributing months is added up.
2. It is divided by the number of days for which the contribution was owed → this gives the daily average.
3. The daily average is multiplied by 85% and by the number of leave days.

The first day remains paid

From February 2026, the first day of medical leave for the employee’s ordinary illness is no longer paid. However, care for a sick child is, as a rule, among the exceptions, so the first day remains paid. Because this is a recent regulation, confirm the list of exceptions on cnas.ro.

Who issues the certificate

The medical leave certificate is issued by the child’s medic de familie (family doctor) or by the treating physician (pediatrician or another specialist) treating the condition, with the specific benefit code for caring for a sick child. The code entered on the certificate is what guarantees the 85% rate — it is set by the doctor based on the diagnosis, not at the parent’s request.

If you need a consultation or the issuance of the certificate, you can look for a pediatrician in Cluj or a family doctor in our directory.

What to do in practice

• Take the child to the doctor and ask for the certificate with the sick-child care code.
• Notify the employer as soon as possible that you have gone on leave.
• Submit the original certificate to the employer by the set deadline (as a rule by the 5th of the following month).
• Check the number of days and the code entered on the certificate — an error here changes your amount.
• Remember that the days accumulate over the year and per child (against the annual cap).

Who pays

As with the other medical leaves, the money comes from the National Single Health Insurance Fund (FNUASS), managed by CNAS through the county health insurance houses. The employer usually advances the amount and later recovers its share from CAS. For insured persons without an employer (own contract), the benefit is settled directly by the insurance house.

Quick summary

• Child’s age: up to 7 years old (up to 18 if disabled, for intercurrent conditions).
• Duration: as a rule a maximum of 45 days/year/child, with exceptions — confirm on cnas.ro.
• Benefit: 85% of the average income over the last 6 months.
• Condition: 6-month insurance period within the last 12; certificate issued by a doctor.

Sources

• OUG (Emergency Ordinance) 158/2005 on social health insurance leave and benefits — legislatie.just.ro
• Implementing rules for OUG 158/2005 (Order of the Ministry of Health/CNAS) — legislatie.just.ro
• National Health Insurance House (CNAS) — information on leave and benefits — cnas.ro
• Cluj County Health Insurance House (CAS Cluj) — casjcluj.ro