Parents to benefit from days off to look after their children
With the continuing COVID-19 pandemic and the official closing of schools on 14 March 2020, the following was published in the Romanian Official Gazette, Part I, no. 209, Law no. 19/2020 for granting days off to parents to supervise their children in the context of temporary closure of the educational units (“Law No. 19/2020”).
Now, as per Law no. 19/2020, an employer is obliged to grant days off to one of the parents so that they can stay at home and supervise their children, in cases where their childrens’ educational establishment has temporary closed as a result of the Romanian competent authorities decreeing the existence of an extreme situation, for instance the current COVID-19 pandemic.
For these provisions to apply, the parents must show that:
a) they have children under the age of 12 year, or under the age of 18 where the child, or children, in question has disabilities and registered in an educational unit; and
b) their job does not allow them to work from their home or to telework.
Parents who satisfy these conditions are entitled to days off during the closure of the educational units by the authorities.
The days off are granted to, and on the request of, the parent who will supervise the child during the closure of the educational unit. The parent concerned must complete and submit a request for the time off to their employer and also a statement confirming that the other parent has not requested the days off at his/her place of work that he/she is entitled to. It is the responsibility of the parent requesting the time off to ensure that this statement is accurate and true. The only exception to the requirement to provide this statement is any single parent family.
The indemnity for any such days off is to be paid from the employer's income and expenses budget and should be 75% of the employee’s daily salary, but should not exceed the daily salary up to 75% of the average gross income used for drafting the social security state budget (i.e. 75% x 5,429 RON = RON 4,071.75).
The employers shall settle this indemnity from the Fund for the guarantee of the salary debts (in Romanian: Fondul de garantare pentru plata creantelor salariale). By the end of the fiscal year, the respective amounts shall be reimbursed to the Fund from the state budget, pursuant to a procedure which is to be established in the coming days by means of a Government Decision.
Law no. 19/2020 was published in the Romanian Official Gazette, Part I, no. 209, dated 14 March 2020, with full legal effect as of 17 March 2020.