Romania


Sick leave payment

Impact date: 1 February 2026 to 31 December 2027 A government emergency ordinance (91/2025) has entered into force which modifies how sick leave is paid by the employer.

Previously, the employer paid the sick leave allowance for days one-five, with the government covering the payment from day six. Under the new law, day one of absence becomes unpaid, the employer pays from days two to six, and the government covers the payment from day seven. In practice, the employer continues to pay these amounts but recovers them from the Romanian state through a reimbursement mechanism.

With effect from 1 June 2026, exceptions have been introduced to the non-payment of sick leave on the first day of absence. The first day of medical leave will be paid in the case of:

  • maternity leave and maternal risk leave
  • leave to care for the patient with oncological diseases
  • sick leave for patients included in national health programs
  • medical leave certificates issued in the situation of patients receiving the medical services in hospitalization

Further, the law introduced a rule that, for each uninterrupted period of illness, the non-payment of sick leave on the first day of absence is applied only once, even if multiple consecutive medical certificates are issued for the same illness episode, although the effective date for this rule is not expressly stated. Additionally, a new provision introduces the possibility for the National Health Insurance House (CNAS) to verify the legality and validity of medical leave certificates. If a certificate is found to be unlawfully issued, the employee loses the right to sick leave allowance.

Employer implications/action needed Employers should adjust internal systems, policies and payroll processes to reflect the new rules, including paying for the first day of sick leave in certain cases.

Employer risk Employers must fund sick‑leave allowances for days two-six, increasing short‑term payroll costs compared with the previous regime.

Link Ordinance (91/2025)

Annual leave compensation (case law)

Impact date: 9 March 2026

The High Court of Cassation and Justice held that, in relation to payment of untaken leave on termination of employment:

  • the three-year limitation period for claiming payment runs from the termination of employment; and
  • leave accrued beyond the statutory 18‑month carry‑over period is payable only where the employee was prevented from taking it.

Employer implications/action needed Employers should manage leave proactively by monitoring untaken days and ensuring that employees are given a genuine opportunity to take their leave. Where an employee refuses to do so, employers should document that refusal to evidence that the opportunity was provided.

Employer risk No specific risk, however employers should be mindful that annual leave is frequently scrutinized during labor inspections.

Link

https://www.iccj.ro/2026/03/09/minuta-deciziei-nr-40-din-9-martie-2026/

Access of foreigners to the Romanian labor market

Impact date: 27 April 2026

Several amendments to immigration legislation and employment law have been made. Some of the key employment law amendments include:

  • the recruitment, authorizations and monitoring of foreign workers will be conducted through a unique national platform - WorkinRomania.gov.ro
  • employers are required to conclude employment contracts with foreign employees both in Romanian and in the language of the employee's country of origin, or in an international language that the foreign employees understands or can reasonably be presumed to understand
  • a foreign employee may be hired without presenting the medical fitness certificate at the time of the conclusion of the employment contract. However, the certificate must be obtained no later than the date on which the foreign employee actually begins work
  • employers hiring foreign employees must pay remuneration or salary into the bank account of the foreign employee (no cash payment allowed)
  • additional mandatory clauses must be included in employment contracts with foreign employees
  • a new contravention is introduced: failure by the employer to ensure that the foreign employee performs work corresponding to the COR code (Romanian Classification of Occupations) specified in the employment contract is sanctioned with fines

Employer implications/action needed Employers should update employment contract templates with foreign employees, establish a process for medical certificate tracking, if relevant, and switch to bank-only salary payments for all foreign employees.

Employer risk The law provides a wide range of sanctions for non-compliance with both the immigration formalities and the employment related obligations. Fines are up to RON 40,000 (approx. €8,000).

Link

N/A

Draft law transposing EU Pay Transparency Directive

Impact date: Awaited, pending procedure.

Romania has released its first draft law transposing Directive (EU) 2023/970 on pay transparency and equal pay for women and men for equal work or work of equal value. The draft law follows the framework set out in the Directive, but introduces certain specific provisions:

  • the pay information required within recruitment: the draft law mentions that the information should be shared with candidates either through the job vacancy post or directly in writing prior to the interview
  • when assessing the “work of equal value”, knowledge is also taken into consideration as a criterion
  • the deadline for employers to respond to pay information requests is 30 working days
  • the draft law proposes amendments to the Labor Code regarding salary confidentiality clauses

Employer implications/action needed Employers should continue to monitor the progress of the draft law. In the meantime, they should prepare for the introduction of the new law.

Employer risk There are defined administrative fine levels for non-compliance:

  • RON 10,000 to 20,000 (€2,000 to €4,000) for first-time violations
  • RON 20,000 to 30,000 (€4,000 to €6,000) for repeated violations

Link

https://mmuncii.gov.ro/wp-content/uploads/2026/03/Proiect-de-lege-transparenta-salariala-13-martie-2026.pdf

Paid time off for endometriosis

Impact date: Awaited, pending procedure. A draft law proposes that women diagnosed with endometriosis which has been medically certified as a chronic condition, should be entitled (upon request and based on a doctor’s recommendation) to up to one paid day off per month during their menstrual period.

The leave would be considered seniority for employment purposes (i.e. it adds to the employee’s length of service) and the cost would be initially covered by the employer through the salary fund. The employer would be partially reimbursed from the budget of the National Unique Health Insurance Fund, subject to conditions to be established.

Employer implications/action needed If the law is passed, employers would be required to grant the paid day off where eligibility conditions are met.

Employer risk Penalties or specific risks have not yet been legislated.

Link Draft law

Preventing burnout at work

Impact date: Awaited, pending procedure.

A draft law seeks to regulate the prevention of professional burnout by requiring employers to address psychosocial risks in the workplace.

Employers would need to inform employees annually about burnout risks, and integrate psychosocial risks into their internal risk assessments.

For employers with more than 50 employees, the draft introduces additional obligations: preparing an annual burnout‑prevention plan, conducting psychosocial risk evaluations, and creating a confidential reporting mechanism that protects employees from any negative consequences for raising burnout‑related concerns. Employers may also choose to offer paid professional‑recovery leave through internal policies.

Employer implications/action needed The proposed law would increase employers’ compliance obligations. These measures will increase administrative workload, require specialist assessments, and may generate additional cost for designing, implementing, and maintaining these processes.

Employer risk Employers may face greater exposure to workplace disputes and employee claims, particularly relating to alleged retaliation and potential claims arising from failure to properly assess psychosocial risks or failure to act on issues reported through the confidential mechanism.

Link Draft law

Preventing and enhanced protection against workplace violence and harassment

Impact date: Awaited, pending procedure. Draft laws propose amendments to the Occupational Safety Law no. 319/2006 and Law no. 53/2003 - Labor Code, requiring employers to prevent all forms of violence and harassment at work and requiring employers to take action where an employee faces an imminent and serious risk to life, health or safety due to workplace violence or harassment.

The draft law would require employers to develop, in consultation with trade unions or employee representatives, a workplace policy with a confidential reporting mechanism, to integrate violence and harassment prevention and psychosocial risk management into safety measures, to identify and assess risks including those from third parties and take preventive and protective actions, and provide workers with accessible training and information on the risks, prevention measures, and their rights and responsibilities under the policy.

The draft law would also allow employers to temporarily modify the employee’s duties or location with their consent to ensure safety, or, if this is not possible, provide paid leave. Additionally, employers would be required to designate at least one employee whose job description includes responsibilities for preventing workplace harassment and violence.

Employer implications/action needed Employers would be required to implement a comprehensive workplace policy to prevent violence and harassment, assess and mitigate related risks, provide training, and ensure confidential reporting and ongoing protection for all workers.

Employer risk Non-compliance with the obligations would be sanctioned with fines.

Links Draft law L610/2025

Draft law L611/2025

Pensions

Impact date: Awaited, pending procedure. A draft law proposes an amendment to the Pensions Law no. 360/2023 in order to state that age-limit pension (i.e. the standard retirement pension) is granted to individuals who meet both the standard retirement age and the minimum contribution period. Receiving and exercising the right to a pension is no longer conditional on terminating or suspending employment, and continuing to work after retirement cannot lead to the suspension, limitation, or withdrawal of the pension.

Employer implications/action needed N/A

Employer risk N/A

Link Draft law

Reduction of retirement age for night work

Impact date: Awaited, pending procedure. A draft law proposes that individuals who performed night work, as defined by the Labour Code, are entitled to an age-limit pension with a reduced standard retirement age. The retirement age is reduced by one day for every 24 hours of accumulated night work, but not below 60 years of age.

Employer implications/action needed N/A

Employer risk N/A

Link Draft law

Paid leave for victims of domestic violence

Impact date: Awaited, pending procedure. A draft law proposes to introduce a new provision granting employees ten paid days off if they or their minor child are victims of domestic violence, rape, or sexual assault.

The leave may be used for emotional recovery, accessing psychological, medical or legal services, or taking necessary steps to address the effects of the incident. The leave may be taken in instalments. Employers may request proof within 20 days of the employee’s return to work and must ensure strict confidentiality of any related data and documents.

Employer implications/action needed N/A

Employer risk N/A

Link Draft law

Back to top ↑

Contacts

Camelia Meiroşu Senior Associate


E: cameliameirosu@eversheds.ro T: +40 21 311 2561

View bio →

Daria Luculescu Associate


E: darialuculescu@eversheds.ro T: +40 21 311 2561

eversheds sutherland logo white

© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.