In short: you are entitled to leave to care for a sick child up to age 7 (up to 18 for a child with a disability, for intercurrent conditions), for a maximum of 45 calendar days per year per child. The benefit is 85% of the calculation base and is funded entirely from the National Single Health Insurance Fund — not by your employer. It is granted to one parent, on the basis of a medical leave certificate.
This is the first reality of group care: in the first nursery year, children get ill often. The guide below sets out exactly what you are entitled to, so you don’t burn your annual leave on every virus.
How many days of sick-child leave do you get?
The basic rule, from Government Emergency Ordinance no. 158/2005, art. 26:
| Situation | Limit |
|---|---|
| Child without disability, under 7 | 45 calendar days per year, per child |
| Child with a disability, intercurrent conditions | Until the age of 18 |
| Infectious diseases, neoplasms, immobilisation in plaster, surgery | No 45-day cap — the attending physician sets the duration |
Two details many parents miss:
- The 45 days are per calendar year and per child, not per illness episode.
- The exceptions (infectious disease, plaster cast, surgery) are not a “bonus”: in those cases the cap does not apply at all, and the doctor decides the duration.
After the child turns 7, this particular right ends. What remains is annual leave, days negotiated with your employer, or — if the unit officially closes — paid days off under Law 19/2020.
What do you actually get paid?
The gross monthly benefit is 85% of the calculation base. The calculation base is the average monthly income over the last 6 months of the 12-month contribution period.
Three things to remember:
- Who pays: the benefit is funded entirely from the FNUASS budget, not by your employer. The employer advances it and recovers it afterwards.
- Contribution period: you need at least 6 months of contributions in the last 12 months before the month the leave falls in.
- Ceiling: the calculation base is capped by law, so for high incomes the benefit does not rise indefinitely. Check the ceiling for the current year with the Cluj County Health Insurance House.
⚑ Exact amounts and the ceiling are updated periodically. Confirm current values with CNAS or the Cluj County Health Insurance House before budgeting on them.
Which documents you need
The procedure is simple once you know it:
- Take your child to the doctor. The medical leave certificate is issued by the attending physician — your family doctor or the specialist treating the child.
- The benefit code is 09 — “care for a sick child”. Check it is entered correctly; the wrong code blocks payment.
- File the certificate with your employer, within the deadline in their internal procedure (usually by the 5th of the following month).
- For a child with a disability, add the disability classification certificate.
The certificate is issued in the name of one parent — whichever one actually stays with the child. Parents can alternate between episodes, but both cannot take leave for the same period and the same child.
Common situations in the first nursery year
“My child is ill for the third time in two months.” Normal for a first year in group care — see our guide on how often children get ill at nursery. Each episode draws on the same 45 days.
“The unit is asking for an epidemiological clearance on return.” That is a separate requirement from sick leave. See the epidemiological clearance when returning to group care.
“I used up the 45 days in October.” The allowance resets on 1 January. Until then you have annual leave, negotiated remote work, or — if circumstances allow — alternating with the other parent, who has their own entitlement.
“My child is over 7.” The right under OEO 158/2005 no longer applies. Check whether the unit is officially closed — in that case Law 19/2020 applies.
“I’m self-employed / have no employment contract.” The right depends on being insured in the health system and on your contribution record, not on your form of employment. Check your situation with the Health Insurance House.
How to reduce the number of episodes
There is no magic fix, but a few things genuinely matter in the first year:
- Don’t send an ill child into group care — they get reinfected and reinfect the group, stretching the cycle out.
- Respect the full recovery period, not just the point the fever disappears.
- Ask the teacher how many children in the group are ill; waves within a group are predictable.
- Sleep and routine remain the most underrated immunity factors at ages 1–3.
- Plan with the other parent in advance — who covers what, so the decision isn’t made on the morning of a fever.
Frequently asked questions
How many days of sick leave can I take for my child? A maximum of 45 calendar days per year per child, under OEO no. 158/2005, art. 26. For infectious diseases, neoplasms, immobilisation in plaster or surgery, the cap does not apply and the attending physician sets the duration.
Up to what age of the child is it granted? Until the child turns 7. For a child with a disability, in the case of intercurrent conditions, the right applies until age 18.
How much am I paid during the leave? 85% of the calculation base — the average monthly income over the last 6 months of your contribution record.
Who pays the benefit, my employer or the state? It is funded entirely from the National Single Health Insurance Fund budget. The employer advances it and recovers it later.
Which code must appear on the medical certificate? Code 09 — care for a sick child. Check it when the certificate is issued, because the wrong code blocks payment.
Can both parents take the leave at the same time? Not for the same period and the same child. The certificate is issued to the parent actually caring for the child, and parents may alternate between episodes.
Sources
- OEO no. 158/2005, art. 26 — leave and benefit for caring for a sick child — full text
- OEO no. 158/2005 on health insurance leave and benefits
- National Health Insurance House (CNAS) — for current ceilings and procedures
- Leave for caring for a sick child — legal analysis — AvocatNet
Conclusion
The 45 days are not a favour from your employer but a legal right paid from the health fund. The most useful thing you can do is know the code 09, the 6-month contribution rule, and the fact that medical exceptions lift the cap entirely — the rest is settled with a visit to the doctor.
If you are still choosing a nursery or kindergarten and want to compare schedules, use the piticluj.ro interactive map. See also our data sources.