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the Romanian Parliament adopted the Law no. 19/2020 regarding the granting of free days to parents for the supervision of children

16 March 2020

In the context of the pandemic crisis caused by the COVID-19 virus, the Romanian Parliament adopted the Law no. 19/2020 regarding the granting of free days to parents for the supervision of children, in the situation of temporary closure of the educational units.

The law was promulgated by the President of Romania’s Decree on 14.03.2020 following that, the legal effects of its provisions to be produced from 17.03.2020, three days after its publication in the Official Gazette.

The present normative act grants to one of the two-parent family member or to the one of the single-parent family the right of paid days off for the care of the child or of the under aged children during the temporarily closure of the educational units, due to the extreme situations qualified as such by the competent authorities.

In order to benefit from the free days, two cumulative conditions must be met: the under aged enrolled in the educational unit must not exceed the age of 12 years, respectively 18 years in the situation of the one with disabilities, and the work activity performed must not be compatible with the home office or the teleworking.

The employer in the public or private sector is obliged to grant the concerned parent an allowance for each free day received in the amount of 75% of the salary corresponding to a working day, but without exceeding the maximum ceiling of 75% of the gross average wage used to substantiate the state social insurance budget. Therefore, the parent cannot receive more than 185 lei for each free day granted.

Procedurally, the free days are granted by addressing a request to the employer who will approve the free days and will be accompanied by a statement from the other parent, given on his own responsibility, which must prove the lack of using this facility for his part.

Last but not least, it follows that, by a subsequent Decision, the Government to establish the number of free days granted for each situation, decreed as being extreme by the authorized authorities. At the same time, it should be specified that in some areas of activity specifically listed by the legislator, the employer’s approval will be necessary to grant this benefit.