Constitutional Court examines new mechanism for paying sickness benefit
The amendments made recently to the law on sick pay and other social benefits violate the rights guaranteed by the Constitution of Moldova, considers ombudswoman Aurelia Grigoriu, who submitted a challenge to the Constitutional Court, asking checking the constitutionality of provisions of this law, Info-Prim Neo reports.
In the Court’s meeting, Aurelia Grigoriu said that the method of paying allowances for temporary incapacity for work caused by ordinary diseases or accidents not related to work has been modified this January. It was decided that the first day of the sick leave will be paid by the employees, while the second, third and fourth days by the employer. “The monthly allowance calculated from the average income based on a length of service of over eight years was unjustifiably decreased from 100% to 90%. Thus, people’s guarantees in case of temporary incapacity for work were reduced,” she stated.
She also said that the people’s burden doubles when the insured risk occurs. The employees have to cover the costs for the first day themselves, even if this risk is insured by paying contributions into the state social insurance budget.
Aurelia Grigoriu specified that under the Constitution, the state is obliged to take measures to meet the vital needs of its people. It is evident that when a person becomes sick, the costs for treatment and medicines are higher and, when a real income cannot be obtained, it’s not clear why the person is deprived of the source of livelihood, even if for a short period of time.
At the same time, Minister of Labor, Social Protection and Family Valentina Buliga said the amendments proposed by the Government derive from the wish to ensure guaranteed protection within the possibilities of the state budget and the state social insurance budget. These amendments are based on the principle of solidarity as the childbirth allowance paid from this budget is to be raised. Another goal was to motivate the employers to create better work conditions for the employees so that they do not get sick and to discourage the false sick leave practice.
The Constitutional Court will pass its decision on April 10. Under the January amendments, the first day of the sick leave is paid by the employees, the next three days by the employer, while from the fifth day the sick pay is allocated from the state social insurance budget.