How long is parental leave in Romania?

In Romania, each natural parent who:

• Has earned taxable income for at least 12 months within the last 2 years prior to the birth,
• Fulfills all legal requirements, including criteria relating to nationality, domicile, etc., can benefit from parental leave until the child reaches the age of 2 (or 3 in the case of a child with disabilities).

However, at least 1 month of parental leave must be taken by each parent. During the entire period of parental leave, the individual's employment agreement is suspended.

What are the eligibility rules for parental leave in Romania?

Parental leave in Romania is available to individuals who meet the following eligibility criteria:

• Reside in Romania.
• Have earned taxable income for at least 12 months within the past 2 years preceding the date of birth.
• Have contributed to the social insurance program.

What is the process for applying for paternity leave in Romania?

In Romania, the process for applying for paternity leave involves the following steps:

• Fathers must send a written request to their employer.
• They must also submit the child's birth certificate.
• Both the written request and birth certificate must be submitted within the first 8 weeks after the birth of the child.

How long is maternity leave in Romania?

Female employees in Romania are entitled to maternity leave of 126 calendar days, which comprises up to 63 days of pregnancy leave and up to 63 days of post-birth leave. These periods can be adjusted based on medical recommendations and the employee's choice; however, taking at least 42 calendar days of leave post-birth is mandatory.

The entire period of maternity leave includes an indemnity paid by the employer but covered by the state budget. During maternity leave, the individual employment agreement is suspended by operation of law. Additionally, pregnant employees are entitled to up to 16 hours per month off for medical visits if these cannot occur outside working hours, provided they present a medical certificate.

Employees can also benefit from maternity risk leave for up to 120 days, based on a certificate from their family doctor. This leave and the corresponding indemnity are granted without any condition of a contribution period.

What are the eligibility rules for maternity leave in Romania?

A pregnant employee in Romania is eligible for maternity leave if she has worked for at least 1 month during the preceding 12 months.

What are the maternity leave rights for employees on fixed-term employment agreements in Romania?

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In Romania, maternity leave rights for employees on fixed-term employment agreements are governed by the Labor Code. Key points include:

• Maternity leave results in an automatic suspension of the employment agreement, regardless of whether the agreement is fixed-term or indefinite-term. This suspension also applies to child raise leave if requested by the employee.
• During maternity and child raise leave, the employer ceases salary payments; the employee is entitled to an allowance administered through the National Single Health Social Insurance Fund.
• The fixed-term employment agreement is suspended for the duration of the maternity and/or child raise leave and is reactivated once the suspension ends.
• While the agreement is suspended, actions like modifications, execution, or termination are paused, except where the agreement naturally expires (e.g., on the end date of the fixed-term agreement).
• The employer must approve the employee's request for maternity and/or child raise leave, record the suspension in the General Registry of Employees (REVISAL) at least one day before it takes effect, and is prohibited from terminating the employee during this period except for legal reorganization or bankruptcy reasons.
• Other rights and benefits not related to employment performance may continue during the suspension, provided they are stipulated by specific laws, collective labor agreements, individual employment agreements, or internal regulations.
• The employee must notify the company in writing of her return at least 30 days before the planned end of maternity and/or child raise leave.

How long is the paternity leave in Romania?

Working fathers in Romania are entitled to 10 days of paid paternity leave. If the father completes a childcare course and provides a certificate of completion, the paternity leave is extended by an additional 5 working days.