In the Official Gazette no. 209/2020 was published the Law no. 19/2020 regarding granting free days to the parents for children supervision, in the situation of temporary closure of the educational units.

Thus, in the situation of temporary closure of the educational establishments where they are enrolled, due to adverse weather conditions or other extreme situations so decreed by the competent authorities with responsibilities in the field, free days are given to one of the parents for the supervision of children.

Employees can benefit of free days, if they fulfil the following conditions cumulatively:

• they have children up to 12-years old, enrolled in school or children with disabilities up to 18-years old, enrolled in school;
• their job does not allow work from home or teleworking.

Under these conditions, parents have the right to paid free days, for as long as the competent authorities decide to close the respective educational units.

Of these rights also benefits the single person in the single-parent family, respectively the legal representative of the child, as well as the person designated, according to the law, to exercise the rights and fulfil the parental obligations towards the child.

Free days are granted at the request of one of the parents, submitted to the employer of the person who will supervise the child during the period in which educational units are closed.

The request must be accompanied by a declaration on the other parent’s own responsibility, stating that he/she did not request, at his/her place of work, free days that would suit the parent according to this law.

This condition does not apply to the single person in the single-parent family, respectively the granting of the right will be made only by request.

Due to the specificity of some areas of activity, can benefit from free days, but only with the agreement of the employer, also the employees from different units:

• the national energy system, the operating units from the nuclear sectors;
• units with continuous fire;
• the sanitary and social assistance units;
• telecommunications, public radio and television;
• railways;
• units that provide the public transport and the sanitation of the localities;
• the supply of the population with gas, electricity, heat and water.

The provisions of Law no. 19/2020 apply to all employees from the public and private sectors.

The allowance for each free day is 75% of the salary corresponding to a working day, but no more than the daily correspondent of 75% of the national gross average wage (e.g. 75% of RON 5429/month representing the average gross salary; thus the ceiling = RON 4072/month, this being the maximum monthly gross salary that can be paid to a parent who stays at home according to this law).

The actual number of paid days that can be granted will be determined by the Government, by decision.

The allowance paid by the employer will be borne by the guarantee fund for the payment of salary claims, only during the period when the competent authorities decide to close the educational units, the effective way of applying will be established by a Government decision.

Andreea Paun

Payroll Team Leader | Accace Romania

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+40 314 050 440

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