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AMENDMENTS TO THE LAW 19/2020 ON GIVING PARENTS TIME OFF TO SUPERVISE the CHILDREN

The decree for the implementation of the provisions of Law 19/2020 on granting additional free days to parents for the supervision of children in the situation of temporary closure of educational establishments, was published in the Official Gazette No 22/21.03.2020. There are several important changes and additions to the law (you can find details of the original provisions here and the first additions made here).
 
The last amendments are concerning the following aspects:
  • it is established which are the working days for which the parents will receive an allowance. The payment will be made for working days until the end of the State of Emergency, except for the working days during school holidays;
  • the facility will only be granted to one parent, at the request of the parents accompanied by a declaration on the other parent's own responsibility that he/she is not entitled to such a right, that he/she is not on holiday or unpaid leave, and the copy of the birth certificate of the child;
  • The employer has to pay the allowance, which shall be 75 % of the employee's basic salary, but not more than 75 % of the average gross saalry used to base the state social security budget;
  • in order to be reimbursed for these amounts, the employer must submit an application to the AJOFM, application accompanied by the following documents:
    • list of employees who have benefited from the facility
    • the allowance granted, copy of the payslips
    • the statement, made by the employer, on its own responsability 
    • proof of payment for the contributions;
  • the documents are sent by electronic mail (or in any other way) no later than 30 days after the date of payment of contributions and taxes relating to compensation;
  • settlement of amounts paid as compensation is made within 60 days from the date of registration of documents.
  • an important point to mention is that employers may only require the settlement of the net allowance received by the parent, and not the contributions and taxes relating to the allowance.
Therefore, the main changes to the previous form of the facility are unfortunately at the disadvantage of companies, i.e. they will be reimbursed only for the net allowance, and all the taxes will be paid by the employer, i.e. the settlement period has increased from 30 to 60 days.
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