Child-rearing leave represents the period after maternity leave.
Child- rearing leave begins at earliest on 43rd day after birth.After the expiry of the 42 days of medical leave after birth, the new mother is entitled to child-rearing leave for until child turns 2 years old or 3 years old for children with disabilities, so the employee submits a request in writing to the employer requesting the suspension of the individual labor contract during the child-rearing leave.Based on the request, the employer suspends the employee’s contract in Revisal, issues the Decision to suspend the individual labor contract and issues the employee’s income statement.
How much is child rearing allowance?
During the child-rearing leave, the employee receives from the local mayor’s office an allowance which is 85% of the average monthly income of the last 12 months worked out of the last 24 months prior to giving birth. The income taken into account when determining the allowance is the income subject to tax, such as:
– Income from wages or assimilated to salary (meal tickets, benefits in kind)
– Independent activities income (including authorized person)
– Agricultural activities income.
The minimum allowance for child rearing leave cannot be less than 1250 RON at this time, or 2.5 multiplied by the social reference index (500 RON at this time), and not greater than 8500 RON. Thus, an employee with monthly minimum wage (1162 RON net) will receive an allowance of 1250 RON, and an employee who earns more than 8500 RON monthly net salary, will receive an allowance of 8500 RON.
If the employee earns income from multiple sources (multiple employment contracts and independent activities), the monthly earnings are cumulative!
During the child-rearing leave, the parent can have an income without suspending his / her allowance, up to 3750 RON / year, which means 3 times the amount of the minimum allowance (3*1250 RON)
Child-rearing leave is granted for each child. In the case of children born twins, triplets or multiple-birth (quadruplets, quintuplets) the monthly allowance increases by 85% of the minimum wage starting with the second child, for exemple for twins the allowance increases by 1615 RON, and for the triplets the allowance increases by 3230 RON.
Are people who are on child-rearing leave insured/ secured?
Yes, during the child-rearing leave, the contribution to health insurance is covered, as well as contributions to the pension fund, according with their allowance amount. The child-rearing leave is added to their work experience.
If I have unemployment allowance, can I receive child rearing allowance?
In determining net incomes during the last 12 months worked out of 24 months prior to giving birth, even the following periods are taken into consideration. When the mother has:
- Received unemployment benefits or was in database of the employment agency;
- Received leaves or health & social benefits;
- Received monthly benefits from child rearing leave or has been in an unpaid leave for child-rearing purposes.
- Has been between two determinate employment contracts, if the period between this determinate employment contracts does not exceed 3 months;
- She attended day courses at the university or postgraduate education or she finds herself in the same calendar year between the end of courses at one university and the start of day courses at another form of education;
- She pursued Ph. D courses.
- She had unpaid leave to attend vocational training courses at employer’s initiative.
- Received disability pension;
Required documents for child rearing allowance:
To benefit of child rearing allowance, the mothers must submit a file with the following documents at local mayor’s office within 60 days from the date they apply for the leave:
- Written application from the parent who requests for child-rearing leave;
- Copy of the child’s parents identity card;
- Child’s birth certificate;
- Income certificate from the parent who requests for child-rearing leave;
- The Decision to suspend the employment contract of the parent who is requesting for child-rearing leave;
- Other required documents from local mayor’s office according with internal procedures;
- The IBAN account in which the parent wishes to receive the allowance;
Can the father also receive Child-Rearing leave?
The child-rearing leave is granted to both parents,
with the condition that at least one month of total leave must be done by the parent who didn’t request this right.
If the parent who is obligated to take at least one month of parental leave, did not have any taxable income in last 12 months out of the 24 months prior to birth, or if he does not want it, the parent who applied for the leave cannot take the other parent’s leave, hence the period cannot be transferred from one parent to another, and the parent who benefits from the leave will only benefit until the child is 1 year and 11 months.
The father is entitled to 5 days Special Events Leave: when the child is born, depending on the provisions of the internal regulations or of the collective employment contract, and another 10 days if he is undergoing childcare courses. The 10 days are granted upon request within the first 8 weeks from child’s birth.
Under what conditions is the insertion Stimulant approved?
In the situation when mother returns to work or has taxable income earlier than 60 days before child’s second birthday, or third birthday for children with disabilities, the mother receive from the local mayor’s office something called insertion stimulant, an amount of 625 RON, until child turns 3 years old or 4, for children with disabilities, meaning 50% of the minimum allowance.
If you are pregnant during the child rearing leave, what happening?
There are situations when mothers on child-rearing leave give birth again. In this situation the monthly allowance increases by 85% of the minimum wage for until first child turns 2 years old, or 3 years old for children with disabilities, then continues with 85% of the average monthly income of the last 12 months worked in the past 24 month prior to the second birth and until the second child is 1 year and 11 months.
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Gabriela is a HR expert with more than 10 years experience