Granting paid days off to parents in the context of reopening educational units
With the reopening of educational units, the Romanian Government adopted an Emergency Ordinance no. 147 of August 27, 2020 on granting days off for parents to supervise children, where there is limitation or suspension of teaching activities that involve the actual presence of children in schools and early childhood education units, because of the spread of SARS-CoV-2 coronavirus (“GEO 147/2020”).
Pursuant to GEO 147/2020, the employer grants paid days off to one of the parents to supervise children when the face-to-face teaching activities are limited or suspended as a result of a SARS-CoV-2 epidemiological investigation conducted by Public Health District Authorities.
In order to benefit from paid days off, the parents must meet the following conditions:
a) have children up to 12 years old, or have children with disabilities up to 26 years old, enrolled in a pre-school education or education unit
b) the other parent does not benefit from days off.
The notion of parent also includes an adopter, a person who has the child / children in custody for adoption, and a person who has a child in foster care or in guardianship.
Furthermore, under certain conditions, the measures apply to the parents or legal representatives of the out-of-school child with severe disability, or to the parents or legal representatives who take care of an adult person classified as severely disabled or severely disabled with need of a personal assistant.
The provisions of GEO 147/2020 do not apply if one of the parents is in one or more of the following situations:
a) is on parental leave;
b) is the personal assistant of one of the dependent children;
c) has a suspended employment relationship due to the temporary interruption of his or her employer's activity;
d) does not have other income from salaries and assimilated to salaries, income from independent activities, income from intellectual property rights, income from agricultural activities etc.
If the conditions are met, parents will be entitled to paid days off, for the entire period of suspension or limitation by the competent authorities of the teaching activities involving face-to-face presence in educational establishments and pre-school units.
These days off are granted at the request of one of the parents, who has the obligation to attach to the request submitted to the employer, the following:
a) an affidavit of the other parent, showing that: (i) that he / she has not requested the days off for himself or herself (ii) that he / she does not have his or her employment agreement suspended for temporary interruption of the employer's activity;
b) a copy of the child's birth certificate (s), or a similar document showing how the legal representative is entitled to act;
c) copy of the certificate of disability of the child or adult up to 26 years of age, if applicable.
The allowance for each day off is paid from the employer's income and expenditure budget and is in the amount of 75% of the salary corresponding to a working day, but not more than the daily equivalent of 75% of the average gross salary used to substantiate the state social insurance budget.
This allowance will be settled by the employers from the Guarantee fund for payment of salary debts.
The model form for requests and the affidavit was approved by Order no. 1375/2020 of the Minister of Labour and Social Protection.
Additionally, the employer's refusal to grant days off is sanctioned with a fine ranging between RON 1,000 and 2,000 for each person to whom it refuses to grant days off, without exceeding the cumulative value of RON 20,000.
GEO 147/2020 was published in the Official Gazette of Romania no. 790 of 28 August 2020.
For more details, please contact:
Partner, Head of Employment
Phone: +40 21 796 52 61
Phone: +40 21 316 87 49