Legal & Tax Alerts

Granting paid days off for supervising children

A new enactment was adopted and published within the Official Gazette[1] providing the obligation of the employer to grant days off to one of the parents in order for the latter to be able to take care of their children in case education institutions are temporarily closed due to extreme causes. Days off will be granted for the duration of the entire event that generated the need for the suspension of the activity of educational institutions and the exact number of days will be established by means of a Government decision.

The conditions that must be cumulatively fulfilled in order to benefit from the paid days off are as follows:

>> The children are of maximum 12 years of age, respectively 18 years of age if presenting disabilities and are registered with the education institutions;

>> The place of work occupied by the parent does not allow work from home or telework.

From the economy of the legal provisions, it results in the obligation of the employer to grant these days off upon the request of the employee, accompanied by an affidavit of the other parent stating that the latter does not benefit from these days off from his/her employer. The enactment also offers certain exceptions from the rule, thus, providing for the necessity to obtain the employer’s approval in case of employees activating in certain sectors, the activity of which cannot be affected, such as: unities of the energetic national system, full-time services, sanitary units, telecommunication services or those ensuring public transportation.

The indemnity for each day off will be of 75% of the salary corresponding to a working day, capped at 75% of the gross average wage-earning used for the foundation of the state social insurance budget. The indemnity will be reimbursed from the Guarantee fund for payment of salary debts, which will be repaid by the state budget until the closing of the fiscal year.

The following categories will benefit from the same rights presented above: the single parent, the legal representative of the child, as well as the designated person to exercise the rights and fulfil the parental obligations towards the child.

The new enactment will become applicable as of March 17th, 2020.

The previously mentioned measures are not the only ones adopted by the legislator in this sense, recently adopted legislative enactments providing additional measures to support parents, such as granting financial aid for the payment of sitters.

 

[1] Law no. 19/2020 on granting days off to parents for the supervision of children in the case of the temporary closing of education institutions, published within the Official Gazette, Part I, no. 209 dated March 14th, 2020.

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