Procedure for the recovery of sick pay and sick leave paid by the employer to employees

The law stipulates that, if a claim is approved, the amount of the benefits to be paid to the insured person must be recovered from the Single National Health Insurance Fund (in Romanian: Fondul Național Unic de Asigurări Sociale de Sănătate) within 60 days of the date on which the claim was submitted. If they are not paid within this period, the FNUASS is obliged to pay interest.

By its claim, the applicant requested that CASMB be ordered to pay sums to be recovered from the Single National Health Insurance Fund in respect of the social security benefits paid by the applicant to its employees.

Prior to bringing the action, the applicant repeatedly requested the authority to transfer the sum in question. However, the authority did not respond to these requests.

It was therefore held that the authority had failed to fulfil its obligation to notify the plaintiff of its reply to the request within 60 days.

For these reasons and finding that the respondent owed the applicant the sums claimed, the Bucharest Tribunal upheld the action and ordered the authority to pay the principal sum and the statutory interest on the principal sum, calculated from the due date of each instalment until the date of actual payment.

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