Parental leave (CCC) up to two or three years old, in the case of a child with a disability, can be granted to either parent, if a number of conditions are met according to the legislation in force.
During the CCC, the beneficiary parent is entitled to a sum of money for which both a minimum limit, increased from March 1, and a maximum limit are provided by law.
It is important to note that the law allows both the mother and the father to obtain the leave and the related money for raising the child up to two years old (three years, for the disabled child).
According to the Government Emergency Ordinance (OUG) no. 111/2010, in order to be granted this CCC, a very important condition is that the parent has achieved taxable income for at least 12 months in the last two years prior to the date of birth of the child:
“Persons who, in the last two years prior to the child’s birth, have earned for at least 12 months income from wages and assimilated to wages, income from self-employment, income from intellectual property rights, income from agricultural activities, forestry and fish farming, subject income tax (…), benefit from leave for raising a child up to two years old, respectively three years old, in the case of a disabled child, as well as from a monthly allowance
We mention that apart from the incomes obtained from salaries, independent activities, agricultural activities, forestry and fish farming, the 12 months of incomes necessary before the birth of the child can be constituted in full from periods when, for example, the applicants benefited from unemployment, medical leave prenatal leave), invalidity pension or unpaid parental leave.
Moreover, the periods for which they benefited from technical unemployment settled by the state or received the indemnity granted to professionals as a result of the situations caused by the coronavirus pandemic, granted on the basis of EMERGENCY ORDINANCE 30/2020, EMERGENCY ORDINANCE 111/2021, EMERGENCY ORDINANCE 132/2020, are taken into account for establishing the seniority required for the granting of the growth leave.
In addition to the conditions mentioned above, the parent who wants to join the CCC must also meet the following conditions:
- to be a Romanian citizen, foreigner or stateless person (ie without citizenship);
- his domicile / residence to be on the territory of Romania;
- lives in Romania with the child / children for whom he / she requests the rights and takes care of his / her upbringing and care.
Given that both parents are entitled to CCC, the rule is that at least one month of the total CCC period is allocated to one of the persons who did not apply for this right, also known as “father’s month”, because most or mothers are those who enter the CCC. If the other parent who has the right to join the CCC does not do so, the allowance is granted only for 23 months or 35 months (in the case of a child with a disability).
It is important to know that the child raising allowance and leave are due for each of the births, if the parents have more than one child.
Value of the parental leave allowance:
According to EMERGENCY ORDINANCE no. 111/2010, the monthly allowance for raising a child is established in the amount of 85% of the average net income achieved in the last 12 months of the last two years prior to the date of birth of the child.
The allowance is not cumulative with the salary, so if the parent in question decides to return to work earlier, he loses the money related to the child raising allowance, but may request and receive an insertion incentive.
The allowance cannot be below 1314 lei (increase in SRI value), a value that has increased from 1,250 lei since March 1, nor over 8,500 lei (regardless of how high the income of the parent entering the CCC would be). It is useful to know that, if the allowance calculated for the second CCC, requested less than one year after the end of the previous leave, has a lower value than the previous allowance, the applicant is entitled to the allowance received. in the case of the first CCC.
The same happens if the mother worked from the end of the first CCC until the birth of the second child, but the incomes were lower than those that were the basis of the first allowance received. Provided that, within two years of the birth of the first child, the mother becomes pregnant and gives birth for the second time, the person in the CCC, who may be either parent, may move from one CCC to another CCC. The second CCC will be completed at the age of two of the second child, and the allowance offered is at the minimum value, respectively at 1,314 lei.
In the case of a birth from a twin pregnancy, of triples or multiples, the allowance shall be calculated as 85% of the taxable income obtained at least 12 months from the last two years to which it is added to lei 1.314, starting with the second child coming from this pregnancy.
Other incomes obtained according to CCC:
The general rule is that the recipient of the CCC allowance cannot earn any other income during that period.
However, EMERGENCY ORDINANCE no. 111/2010 provided some exceptions to this rule:
- the person receives various amounts based on the law, the collective labor contract or the individual employment contract, granted during the parental leave, other than those resulting from the actual carrying out of an activity during the holiday period (such as gift vouchers or prime);
- the entitled person receives allowances as a local or county councilor, regardless of their level;
- the beneficiary realizes, during a calendar year, income subject to tax, through the effective development of an activity during the holiday period, whose net level does not exceed five times the minimum amount of the indemnity (ie 6,570 lei).
Persons who are in the CCC and have rental income, regardless of whether their value falls or exceeds the amount of 6,570 lei, will not risk losing the CCC allowance because they do not actually carry out an activity.
The same treatment is in the case of income received from dividends, nor do they lead to the loss of the CCC allowance.
According to EMERGENCY ORDINANCE no. 111/2010, the parent requesting the leave and the allowance for raising the child must present the proving documents to the territorial agencies of payments and social inspection within the radius of which he has his domicile or residence.
The deadline for submitting the child raising allowance file is 60 working days from the end of the maternity leave, of 42 days.
We mention that the applications are solved by decision within 15 working days from the registration at the territorial agencies, these having to be communicated to the applicants within five working days from the issuance, according to the same normative act.
The necessary documents are the following:
- application form;
- copy of the identity document of the applicant and of the birth certificate of the child for whom the right is requested or, as the case may be, of the family booklet, certificates for conformity with the original by the person receiving the documents;
- documents proving the quality of the applicant and his / her relationship with the child / children for whom he / she is requesting the right, as the case may be;
- supporting documents certifying the income obtained in the last 12 months before the date of birth of the child;
- proof issued by the employer or the competent bodies regarding the realized income (or the single declaration, where applicable);
- proof of suspension of the activity for the period in which the parental leave is requested;
- any other documents certifying the fulfillment of the eligibility conditions.
It is very important to specify that, in case the parent of the beneficiary of the allowance and the CCC make changes that could lead to the cessation or suspension of the payment of rights, he is obliged to notify the mayor’s office in writing, within 15 working days. when changes occur. Otherwise, the person in question risks a fine between 500 lei and 2,000 lei.
Legal basis:
– Emergency Ordinance 111/2010 on leave and monthly allowance for raising children;
– Law 225/2021 amending and supplementing Law no. 76/2002 on the unemployment insurance system and stimulating employment.