The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) has challenged the unconstitutionality of legal provisions that did not allow serving military personnel to take sick leave to care for a sick child classified as disabled until the age of 18, but only until the age of 7. This entitlement was available only to certain civil servants but not to serving military personnel.
Corneliu Moroiu, a military officer in the I.S.U. Neamț, was also confronted with this situation. In August 2017, he referred the matter to the competent institutions regarding his right to sick leave for the care of a severely disabled child under the conditions provided for by the law in force. However, her request was refused by the authorities, who cited the legal basis in force.
FACIAS came to the support of Mr Moroiu and, implicitly, to the support of all those in this situation, by pointing out the unconstitutionality of these provisions. The Constitutional Court of Romania found, by unanimous vote, that the provisions of Article 61 of Government Ordinance No 158/2005 on social health insurance leave and allowances and of Article 15 para. (2) of Law 80/1995 on the status of military personnel are unconstitutional.
Nowadays, serving military personnel can be granted sick leave to care for a sick child classified as disabled up to the age of 18.
Extremely happy, Corneliu Moroiu said that it was FACIAS that put a smile back on his child's face and that he now understood the beneficial role of NGOs that really care about citizens' problems.