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deRamona Bosinceanu February 23, 2012

Amendments to parental leave from 2012

Order 124 of December 2011, for the amendment and completion of normative acts which regulates the granting of social assistance benefits was published in Official Monitor number 938 of December 30, 2011.
The amendments include the following:
· the amount of the state allowance for children is determined in relation with the social reference indicator, hereinafter referred to as ISR;

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Order 124 of December 2011, for the amendment and completion of normative acts which regulates the granting of social assistance benefits was published in Official Monitor number 938 of December 30, 2011.
The amendments include the following:
· the amount of the state allowance for children is determined in relation with the social reference indicator, hereinafter referred to as ISR;
Order 124 of December 2011, for the amendment and completion of normative acts which regulates the granting of social assistance benefits was published in Official Monitor number 938 of December 30, 2011.
The amendments include the following:
· the amount of the state allowance for children is determined in relation with the social reference indicator, hereinafter referred to as ISR;
· the allowance provided in the Government Emergency Ordinance no. 148/2005, is increased with 1.2 ISR for each child born of twins, triplets or multiplets, beginning with the second child coming from such a birth.
· the payment of parental allowance shall not be suspended when the beneficiaries receive different amounts of the allowances provided by the law, collective working agreement or individual employment contract, provided in the period of parental leave, other than those resulting from the effective conduct of an activity in the period of leave;
· the period of parental leave consists of experience at service and work as well as in the specialization, the establishment of rights is considered to be granted in relation with this one.
· starting with 2012, in order to maintain the right of allowance, the beneficiary families are required to pay their legal obligations to the local budget for the goods they own, according to Law no. 571/2003 according to the Fiscal Code, with its subsequent amendments and completions.
· applications for granting the rights provided by the present emergency ordinance, representing compensation or insertion stimulus, and documents which show the fulfillment of the conditions of eligibility for them are submitted to the town hall, town, city, namely to the Bucharest sectors on the area where an applicant has his domicile or residence.
· The right to the insertion stimulus is suspended from the day following that on which the beneficiary is no longer producing incomes subjected to taxes and requests the parental leave.
Another new thing which gave rise to many discussions is that referred to Article 11: “The right to parental leave established according to Art. 2, par. (1) is granted based on nontransferable persons whose children are born starting with March 1, 2012 as well as those being under situations provided in art. 8, par. (2), since that date, where both people in that family are eligible for it, as follows:
a) at least one month from the total period of parental leave is allocated to one of those who did not request this right;
b) if the person referred to the point. a) requires the right to leave that accrues, the other parent cannot benefit from right to leave instead of this one.
Thereby, on March 1st father should stay home for at least a month with his baby.
It is an obligation which comes from a European directive. This requires the father to stay as much time with the newborn and to get involved in raising and educating his child. This law applies to all children born after March 1st, 2012. Father receives parental allowance which is calculated as for mothers: 75% of net incomes in the previous 12 months before the childbirth. It is worth mentioning that parental allowance may not exceed 3,400 lei. For a month as the father stays at home, mother will go to work and will not receive the parental allowance. If the father refuses to take parental leave, family will be punished, meaning the mother will return earlier than one month back to work. Or mother will not receive the parental allowance for a month. This normative act does not apply to single parents or parents of newborn living in cohabitation relationship.
Law does not apply retroactively.