Changes for parental leave – Legislative Newsletter, October 4, 2023

maternity leave


  • Decision No 865/2023
  • Joint Order No. 2.654/1.925/ 2023

Decision No 865/2023 

Decision no. 865 published in the Official Gazette no. 844 of September 19, 2023 supplementing and amending the Methodological Norms for the application of the provisions of the Government Emergency Ordinance no. 111/2010 on parental leave and the monthly child-raising allowance, approved by Government Decision no. 52/2011, brings the following clarifications:

Comment: These methodological rules implement the provisions stipulated by Ordinance no. 164/2022 amending and supplementing the Government Emergency Ordinance no. 111/2010 on parental leave and the monthly child-raising allowance. Thus, starting from this date, for parents who did not initially apply for this right, the parental leave period is extended from one month to at least two months. During the period when the other person is entitled to parental leave of at least two months, the other parent’s entitlement to the child-rearing allowance shall be suspended. If the other parent does not claim his/her own entitlement to parental leave and allowance, the first parent cannot receive parental leave and allowance during this period. Thus, the child-raising allowance will be granted only until the age of 1 year and 10 months.

If the other parent does not meet the conditions for parental leave, or if it they are a single-parent family, then the parent who initially requested this right can submit supporting documents to receive the allowance for the two months as well.

Other changes that will be implemented as a result of the publication of these Methodological Rules are aimed at increasing the allowances for each child born from a twin, triplet or multiple pregnancy, starting with the second child from such a birth, but also increasing the allowance for overlapping births during parental leave.

It is also stipulated that, in order to apply for parental leave, employees are obliged to notify the employer, at least 10 days before the end of the maternity leave, or, as the case may be, before the estimated starting date of the parental leave, of their intention to exercise their right to parental leave by submitting request in hard-copy or electronic format, specifying the expected period of parental leave. If the entitled person does not specify in the request the expected period of parental leave, the employer approves the application for the maximum period of parental leave.

In the same sense, the entitled person who is an employee and returns to work is obliged to notify, in writing, the employer at least 30 days before the intention to resume their employment or service relationship.

Another important aspect is that the child-raising allowance provided for in Article 2 para. (1) of the Emergency Ordinance no. 111/2010 can be pursued and forcibly enforced regardless of the nature of the debts owed by the debtor, within the limits provided by the applicable legal framework.

Joint Order No. 2.654/1925/ 2023

Joint order no. 2.654/1925, published in the Official Gazette no. 881 of September 9, 2023, establishing the monthly indexed value of childcare vouchers for the second semester of 2023, brings the following clarifications:

Comment: For the second semester of 2023, starting October 2023, the value of the monthly amount granted as childcare vouchers is RON 600

The nominal value previously established applies also for the first two months of the first semester of 2024, respectively February and March 2024. 

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