We remind you that the OUG no.164/2022 amending and supplementing the OUG no.111/2010 on the monthly allowance for raising children, published in the Official Gazette no.865/2023, brings changes, among others, related to the “father’s month”.
The ordinance establishes that the total period of parental leave that is allocated to the person who has not requested this right increases to at least two months, compared to at least one month. Thus “father’s month” becomes “father’s two months” (or mother’s two months, if it is the father who is on parental leave).
Romanian legislation encourages both mother and father to take parental leave, the conditions being the same for both parents. As a rule, the mother stays longer on parental leave, but it is good to know that the father can also have this full-time job for at least two months.
If the father does not request the leave entitlement, i.e. at least two months, the mother cannot benefit from the leave entitlement instead of the father, i.e. the two months (or vice versa, if the father is the one who goes on the initial parental leave). More precisely, if the other parent does not take parental leave, whether it is the father or the mother, the allowance will only be paid until the child reaches the age of 1 year and 10 months or 2 years and 10 months in the case of a disabled child.
If the father does not meet the conditions for parental leave or if the family is single-parent, the mother submits the corresponding documents and receives the allowance for the father’s months in the same amount as before. If the father does not “claim” his months of parental leave, the allowance is reduced by two months. The parent can still remain on leave and have their employment contract suspended/work interrupted, but the last two months of parental leave will not be paid.
The first step in opting for ‘father’s month’ is to check whether you have earned income subject to income tax in the last 12 months prior to the application.
From 2023, according to art. 191, paragraph 1, of OUG 111/2010, employers must be informed about the start of parental leave at least ten days before the actual start of the leave. This request is made by a written request specifying the period of parental leave.
The next step is to go at least 30 days before the date from which you want to start the leave to the General Directorate of Social Assistance and Child Protection (DGASPC) of the sector or to the municipality to which you belong and submit the following documents:
– parents’ identity cards (copy and original);
– child’s birth certificate (original and copy);
– marriage certificate (original and copy);
– standard certificate (Annex 2) – completed by the employer;
– decision of suspension of the employment contract, original or according to the original from the workplace;
– bank account statement (stamped and signed by the bank);
– standard application form provided by the authorities.
According to OUG 111/2010, art.12, point 7, the mother will NOT receive childcare allowance or the insertion incentive while the father is on parental leave.