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Official Gazette 830/10.12 - Emergency Ordinance no. 111/2010 issued on 08/12/2010 on the parental leave and monthly allowance for children

Starting from January 1st  2011, the persons who, during the last year prior to the child birth, obtained – for 12 months  – salary income, income from independent activities or income from agricultural activities subject to the income tax may choose one of the following packages:

  1.  leave for raising the child up to one year and a monthly allowance established in the amount of 75% of the net revenue achieved over the last 12 months but not less than 600 lei and not higher than 3400 lei. Additionally, these persons can benefit from an unpaid leave until the child is 2 years old. At the same time, if these persons start realizing revenues subject to the income tax before the child is one year old, they are entitled to a monthly incentive in the amount of 500 lei for the remaining period, until the child is 2 years old.
  2.  parental leave for raising the child up to 2 years and a monthly allowance established in the amount of 75% of the net revenue achieved over the last 12 months, but not less than 600 lei and not higher than 1,200 lei.

The beneficiary’s option is expressed in writing, filling a form, and cannot be changed during the period of granting the rights.

For children with disabilities, the parental leave is granted until the child is 3 years old and the monthly allowance is established in the amount of 75% of the net revenue achieved over the last 12 months, but not less than 600 lei and not higher than 3.400 lei.

The periods in which a person benefits from this allowance and the unpaid leave for a child aged up to two years are similar to the periods of contribution for establishing social health insurance indemnities provided by GEO no. 158/2005.

In this situation, the social health insurance contribution is calculated by applying the rate stipulated by the law on the amount of allowance provided, and for people benefiting from the unpaid leave, the health insurance contribution is calculated by applying the rate stipulated by the law on the minimum allowance.

The employer is obliged to approve the parental leave and the unpaid leave for the child aged up to 2 years. The period of granting the allowance is mutually agreed upon with the employee.

Employer is forbidden to terminate the contract or the employment in the following cases:

This prohibition is extended up to six months after the final return of the employee to work.

These provisions do not apply if the termination occurs as a result of the judicial reorganization or bankruptcy of the employer, according to the law

Otherwise, the employer can be fined with sums from 1,000 to 2,500 lei.

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