|Does the Law have provisions on maternity leave?||Yes|
|What is the duration of maternity leave?||18.0 weeks|
|What percentage of the monthly salary does a worker get during maternity leave?||85 %|
|Who pays for maternity leave?||Government|
|Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave?||Yes|
|Does the law provide for the right to return to same position after availing maternity leave?||Yes|
|Does the law require that pregnant and nursing workers must not be engaged in harmful work?||Yes|
|Does the law require that pregnant workers be provided free ante and post natal medical care?||Yes|
|Does the law provide for breastfeeding breaks for nursing mothers?||Yes|
|What is the duration of breastfeeding breaks, as provided by the law?||More than one hour|
|What is the length of breastfeeding breaks?||Breastfeeding breaks are provided for the first 12 month(s) of life of the child|
|Does the law require parental leave for parents?||Yes|
|Does the law provide for paid or unpaid parental leave?||Paid|
|What is the total duration of parental leave?||730 days|
|What is the wage replacement rate for parental leave?||75 % of normal wage|
|Who pays for parental leave?||Government|
|Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options?||Yes|
To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.
More about maternity leave:
Female employees are entitled to a paid maternity leave in the event of child birth. A pregnant woman is entitled to a mandatory period of paid leave of 126 days (18 weeks), including 63 days before the expected birth and 63 days thereafter. During this time, the employee is allowed not to work at all, but is entitled to receive 85% of her base salary calculated according to the law and paid from the state health insurance budget. This period might by adjusted based on the effective date of birth. The compulsory leave is 42 days after confinement. The qualifying condition for maternity leave is that the worker has paid minimum contribution to the health insurance for at least one month over the past 12 months.
After the 126-day period of pregnancy leave, the employee may choose to benefit from a parental leave of up to two years to raise her child (up to three years if the child has disabilities). During this time, the employer is not obliged to pay the employee; however, she will receive payments from the health fund, in the amount of either 600 RON per month or 75-85% of the average of the salaries paid in the previous 12 months, but not more than 4,000 RON per month. It is possible for either the mother or the father to take parental leave. During this extended period, employees have a particularly protected status, whereby the employer cannot terminate the employment contract by giving notice to the employee.
Source: § 1, 23, 24 and 25 ofEmergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities
All insured women who are pregnant or caring for a newborn as well other persons who are awarded custody of a child (like father) are entitled to a maternity benefit In general, the maternity benefit is paid for a period of 18 weeks (nine weeks before confinement and nine weeks after confinement). The women are entitled to get 85 per cent of the average wage during the last 12 months. The maternity benefits are paid through the State Health Insurance Budget by the Government.
Source: § 2 & 19 of the Emergency Ordinance No 148/2005 on support of the Family for child raising applicable for births before 31 December 2010; § 1, 3, 23, 25(1) of the Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities
More about parental leave:
Employer is required to provide workers (a man or a woman), upon their request, the parental leave until the day child turns two years for children born on or before December, 2010 and one to two years for children born on or after January, 2011 respectively. If the child is seriously disabled requiring care, parental leave is provided until the child turns 03 years old. The minimum duration of parental leave has to be one month. Employer is required to provide the worker this leave for the length as requested by the parent. The parental leave can also be granted for adopted children. A parental leave allowance, 85 per cent of the average wage received during the preceding 12 months for parents with child born on or before December, 2010 and 75 per cent in case child born on or after 1st January, 2011 is available to all eligible families whether they take parental leave or not however only one parent is entitled to parental allowance. The allowance is funded from the state Budget. This monthly allowance shall be increased by 600 lei for each child born to a twin, triplets or multiple starting from the second child coming from such a birth. The amount of benefit during parental leave ranges from 600 lei to 4,000 lei.
Source: § 1(1) of the Emergency Ordinance No 148/2005 on support of the Family for child raising applicable for births before 31 December 2010, § 19 & 20 of the Emergency Decree No.111 of 2010 on leave and monthly allowance for raising childrenfor births after January 1 of 2011