The return of an employee from childcare leave (CCC) is an important moment for both the employee and the employer. Romanian labor legislation sets out clear obligations for employers in this situation, aimed at ensuring a fair reintegration process and preventing discrimination. Employers must be aware of and comply with these obligations to avoid penalties and to maintain a fair working environment.
From guaranteeing reinstatement in the same position to prohibiting dismissal for a certain period, the law protects employees returning from childcare leave. However, in practice, there are many cases where these legal provisions are not respected or are misinterpreted. This article outlines the employer’s obligations and the consequences of failing to fulfill them.
What must the employer do when the employee returns from CCC?
According to Emergency Ordinance no. 111/2010 regarding leave and monthly allowance for child-rearing, and the Labor Code, the employer must:
- Reinstate the employee in the same or an equivalent position
The employee has the right to return to the position held before taking leave. If that position is no longer available for objective reasons (e.g., restructuring), the employer must offer an equivalent position with the same salary and working conditions. - Respect the dismissal prohibition
The employer cannot dismiss the employee for 6 months from the date of resuming work. This protection, provided by GEO no. 111/2010, aims to prevent maternity/paternity discrimination. Exceptions include bankruptcy, judicial reorganization, or the complete elimination of the position. - Grant salary rights and benefits
The returning employee must receive the same salary and benefits they would have received if they had not taken childcare leave. This includes any general salary increases granted during their absence. - Offer flexible working arrangements, if requested
If the employee requests a flexible schedule upon return, the employer must consider the possibility of adjusting the working hours, temporary part-time work, or remote work, where feasible. - Support professional reintegration
After a long absence, the employee may need time to readjust to the work pace. The employer should consider providing training sessions, updates on internal procedures, or support from colleagues for a smoother transition.
What happens if the employer fails to meet legal obligations?
Failure to respect the rights of employees returning from CCC can result in sanctions from authorities. The Labor Inspectorate and the National Council for Combating Discrimination may fine employers who refuse reinstatement, unjustifiably reduce salaries, or unlawfully dismiss protected employees. Affected employees may also seek compensation and reinstatement through court proceedings.
Conclusion
Employers must pay close attention to their legal obligations towards employees returning from childcare leave. Complying with these obligations not only helps avoid legal penalties but also contributes to a fair and motivating work environment. In a business climate where employee retention is increasingly important, fair and non-discriminatory reintegration is essential for long-term success.