In a recent session, the Senate addressed a new regulatory framework for recognizing and regulating professional burnout, hereinafter referred to as the burnout phenomenon. The proposed project focuses on enhancing adequate protection for employees, thereby expanding the current national health legislation.
According to the World Health Organization (WHO) definition, burnout is a syndrome associated with chronic workplace stress that has not been successfully managed and includes three main dimensions:
- Emotional exhaustion – a feeling of emptiness and constant fatigue;
- Depersonalization – developing a negative or cynical attitude towards work and colleagues, accompanied by emotional detachment;
- Reduced performance – difficulties in completing tasks and maintaining productivity at work.
The amendments to Law No. 319/2006 on workplace health and safety aim to include a clear definition of burnout and establish employer obligations regarding this phenomenon. Among the new provisions are employee access to regular mental health evaluations conducted by occupational health doctors for those at risk of burnout. Additionally, annual awareness sessions on burnout symptoms and prevention measures will be mandatory and funded either by the employer or the insurer.
Solutions and amendments are also targeted in other legislative acts, including Law No. 346/2002 on insurance for work-related accidents and occupational diseases and Law No. 418/2004 on the professional status of occupational health doctors.
The current proposal aims to manage chronic workplace stress more effectively. Furthermore, the proposed changes to Law No. 346/2002 offer essential benefits for employees diagnosed with burnout, allowing them to take paid medical leave and receive financial support during treatment. If an employee is issued a medical certificate confirming burnout, the first three days of leave will be covered by the employer, while costs from the fourth day onward will be borne by the work accident and occupational disease insurance system, in line with existing regulations.
The proposed amendments to Law No. 418/2004 establish that occupational health doctors are responsible for diagnosing and monitoring burnout cases. They must collaborate to identify and document confirmed burnout cases following the methodology approved by the Ministry of Health.
Under the new framework, burnout is integrated into the category of risks covered by work accident and occupational disease insurance through amendments to Articles 1 and 15 of Law No. 346/2002. Employees thus gain the right to compensation for temporary work incapacity, access to medical treatments, and psychological support, with all costs covered by the social insurance budget.
Additionally, other amendments introduced in Articles 39 and 40 of Law No. 346/2002 allow for reduced working hours or temporary job transfers for employees affected by burnout, based on medical recommendations. In these cases, employees will receive corresponding compensation for lost income resulting from reduced working hours or transfer.
A proactive approach to professional burnout would send a positive signal about the importance of mental health and work-life balance, fostering an organizational culture based on care and support for employees.
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Mihaela Murariu – Attorney at Law
