Employment Flash No. 10/2021 – Latest news in the labor law field – granting paid days off for vaccination
27.07.2021 – The Law no. 221/26.07.2021 for the completion of Law no.55/2020 regarding some measures for preventing and combating the effects of the COVID-19 pandemic was published within the Official Gazette no. 732 dated July 26, 2021.
According to this normative act, employees who are vaccinated against COVID-19 benefit, upon request, of one paid day off for each vaccine dose administered.
The new law provides, among others, the following particularities for the benefit established:
- the paid days off granted based on these legal provisions are not included within the annual leave;
- employees have the obligation to inform the employer about scheduling options for the days off they are going to request based on these provisions, for a good organization of the activity;
- these rights are granted based on the vaccination certificate issued in accordance with the law;
- if the day off coincides with the vaccination day, the persons concerned shall are required to submit the vaccination certificate on the first working day following vaccination;
- these provisions (and, implicitly, the benefit itself) do not apply to situations where employees are vaccinated at the workplace, as organized by the employer.
In addition, one of the parents or the legal representative of the child up to 18 years of age, as well as of the person with a disability up to the age of 26 can benefit from such paid days off on the day of vaccination of the child, respectively of the person with disabilities. The rights will be granted on the basis of the vaccination certificate and the affidavit of the other parent or legal representative, according to which they have not requested and will not request days off to accompany the respective person on the day of vaccination.
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