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deAlexandra Craciunoiu March 23, 2020

How do the law on granting extra time off to parents apply?

The Romanian Government adopted, through the Emergency Ordinance, a series of measures in the field of social protection in the context of the epidemiological situation caused by the spread of SAR-CoV-2 coronavirus.

Thus, Amendments and additions have been made to Act 19/2020 on the granting of leave to parents for child supervision in the event of temporary closure of educational establishments, in the sense that:

  • the notion of “parent” for the purposes of the law has been clarified;

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The Romanian Government adopted, through the Emergency Ordinance, a series of measures in the field of social protection in the context of the epidemiological situation caused by the spread of SAR-CoV-2 coronavirus.

Thus, Amendments and additions have been made to Act 19/2020 on the granting of leave to parents for child supervision in the event of temporary closure of educational establishments, in the sense that:

  • the notion of “parent” for the purposes of the law has been clarified;

    The Romanian Government adopted, through the Emergency Ordinance, a series of measures in the field of social protection in the context of the epidemiological situation caused by the spread of SAR-CoV-2 coronavirus.

    Thus, Amendments and additions have been made to Act 19/2020 on the granting of leave to parents for child supervision in the event of temporary closure of educational establishments, in the sense that:

    • the notion of “parent” for the purposes of the law has been clarified;

    • other beneficiaries such as parents and legal representatives of the severely unseparated disabled child have been added, adult persons with severe disability in supervision and maintenance;

    • the situations in which the provisions of this law are not applicable have also been established.

    • the mechanism by which employers submit supporting documents relating to these situations and obtain a financial backfilling has been established.

    Details of the law provisions and the categories of parents who can benefit from this facility can be found here.

    One of the essential provisions of the Ordinance is the one whereby, during the emergency state imposed by the decree of the President of Romania no. 2020 for the period of temporary suspension of the individual employment contract at the initiative of the employer, according to Article 52 (1) (c) of Law No 53/2003 – Labor Code, With subsequent amendments and additions, as a result of the effects of the SAR-CoV-2 coronavirus, the benefits to employees, of at least 75 % of the basic salary corresponding to the employed job paid from the wage fund, shall be borne by the unemployment insurance budget, But no more than 75% of the average gross wage gain stipulated by Law no. 6/2020 on the state social insurance budget for 2020 (which is worth lei 5.429).

    In this case, employers who benefit from these rights, they must maintain the employment relationship of the persons concerned for a period of at least six months from the date on which they resume work after the suspension of employment.

     

    To benefit from these provisions:

    Employers must submit, by electronic mail, an application accompanied by:

    • The emergency situation certificate issued by the Ministry of economy, Energy and the business environment;

    • a list of the persons to be entitled to the allowance, taken by the employer’s legal representative, drawn up in accordance with the model laid down;

    • the documents shall be lodged during the current month with a view to payment of the indemnity of the previous month, and settlement from the unemployment insurance budget, sums paid as compensation shall be paid within no more than 30 days.