The introduction of an unpaid day as part of sick leave has raised several questions among employees, from the impact on the pension to the effects on seniority or salary. From a legal point of view, however, the treatment of this day remains unchanged compared to the previous regulations, with one clear exception: the lack of compensation, explains Timeia Lupşa, junior associate at the Haţegan Attorneys law firm. «From a legal point of view, that day is treated exactly as it was treated until now. Nothing changes except that it is not indemnified, it remains socially insured, it is counted as length of service and all other implications do not affect the right to medical leave in the future», said Timeia Lupşa, on the business show ZF Live, made with the support of Orange Business. In other words, although the day is not paid, the employee's status is not affected from the perspective of social rights. Seniority continues to be calculated and access to future sick leave remains unchanged. As for the impact on the salary, the effect is punctual and strictly limited to that day, explains Ioana Haţegan, managing partner, Haţegan Attorneys. «Practically, that day will be treated as a day, as a leave without pay», said Ioana Haţegan at ZF Live. This classification also clarifies one of the most common fears related to the loss of seniority or the impact of the pension. «However, from the point of view of length of service, it is considered a day off», he emphasizes. Thus, although the employee feels an immediate financial impact by not paying that day, the effects do not extend to long-term rights. The unpaid medical leave day does not break the continuity of seniority and does not change the insured status, being legally treated similar to a day of unpaid leave, but recognized in the calculation of seniority.
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