Specialized Legal Assistance for Romanian Employers
Many employers in Romania are currently facing the same problem: they have paid medical leave allowances to employees, submitted the reimbursement files to the Health Insurance House, and are still waiting for the money to be returned months later.
This delay has a direct impact on company liquidity. These amounts have already been advanced by the employer, but they are legally payable from the budget of the National Sole Health Insurance Fund – FNUASS. When the Health Insurance House fails to reimburse the amounts within the legal deadline, the employer may claim not only the principal amount, but also statutory penalty interest calculated from the due date until full payment.
Grecu Partners provides specialized legal assistance for the recovery of these amounts, both during the administrative stage – through the prior complaint procedure – and before the administrative courts. Below we explain the legal framework, the procedural steps and what employers should know before initiating recovery actions.
Legal framework for CNAS reimbursement of medical leave allowances
The procedure for reimbursing amounts advanced by employers as health insurance allowances is regulated mainly by Government Emergency Ordinance no. 158/2005 regarding medical leave and health insurance allowances, together with the Methodological Norms for its application.
Under this framework, the Health Insurance House must verify the declarations and medical leave certificates submitted by the employer for payment purposes. If the reimbursement requests are validated, the Health Insurance House is required to pay the approved amounts within 60 days from the date when the reimbursement request was submitted, subject to the approved budgetary allocations for this purpose.
In practice, however, many employers wait significantly longer. Given the high number of reimbursement requests submitted to the Health Insurance Houses, the administrative waiting route often becomes uncertain and inefficient. For employers with substantial amounts blocked, initiating administrative litigation may be a more predictable and effective recovery route.
Why litigation may be more efficient
The main advantage of the litigation route is that the employer may request the court to order the Health Insurance House to pay both the principal amount and the statutory penalty interest.
This is relevant because the delay is not merely an administrative inconvenience. It creates a financing burden for the employer. The company has already paid the medical leave allowances to its employees, while the state institution has not reimbursed the amounts within the legal deadline.
For employers with multiple employees on medical leave, the blocked amounts can become significant. This is especially relevant for companies in labor-intensive sectors, such as production, retail, logistics, construction, HoReCa or services with large operational teams.
Prior complaint under Law no. 554/2004
If your company is in this situation, the first step is the prior complaint procedure regulated by Law no. 554/2004 on administrative litigation.
Through this procedure, the employer sends a formal request to the Health Insurance House, asking for payment of the principal debt and the related statutory interest. The institution then has a legal term of 30 days to respond and comply with the request.
If the Health Insurance House does not pay within this term, the employer may file a claim before the competent administrative court. The claim may seek an order requiring the Health Insurance House to pay the principal amount, together with the statutory penalty interest calculated from the due date until full recovery of the debt.
The court action must generally be filed within 6 months from the expiry of the 30-day term available to the Health Insurance House to respond to the prior complaint.
Legal assistance for recovering medical leave reimbursements
If your company has amounts blocked at CNAS or at the competent Health Insurance House for medical leave reimbursements, legal action may accelerate the recovery process and may also allow you to claim statutory interest.
Grecu Partners assists employers in recovering amounts paid for medical leave allowances from FNUASS / CNAS. Our legal team can provide support both during the administrative stage and in administrative litigation proceedings.
Fee structure: RON 1,000 + VAT for case onboarding, plus 8% of the amount effectively recovered as success fee.
Phone: +40 745 007 311 – WhatsApp E-mail: office@grecupartners.ro
Can employers recover medical leave allowances from CNAS?
Yes. Employers that have paid medical leave allowances may request reimbursement from the competent Health Insurance House, under Government Emergency Ordinance no. 158/2005 and its Methodological Norms.
What is the legal payment deadline for reimbursement?
If the reimbursement request is validated, the Health Insurance House must pay the approved amounts within 60 days from the date when the reimbursement request was submitted, subject to approved budgetary allocations.
Can an employer claim interest for delayed reimbursement?
Yes. If payment is delayed beyond the legal deadline, the employer may claim statutory penalty interest calculated from the due date until full payment.
What is the first legal step before going to court?
The employer must usually submit a prior complaint under Law no. 554/2004. The Health Insurance House has 30 days to respond before the employer may file a court claim.
What is the deadline for filing the court claim?
The claim before the administrative court may generally be filed within 6 months from the expiry of the 30-day term available to the Health Insurance House to respond to the prior complaint.
