Government Emergency Ordinance (GEO) no. 111/2010 on childcare (parental) leave has been amended by Government Emergency Ordinance (GEO) no. 164/29.11.2022, in force since 7 December 2022.ย
The most significant changes with direct impact on the employment relationship concern the following topics:
๐ฃ๐ฟ๐ถ๐ผ๐ฟ ๐ป๐ผ๐๐ถ๐ณ๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป โ employees who intend to access such type of leave must file a written/electronic request 10 days before the end of maternity leave or, as the case may be, before the expected date of childcare leave commencement. In both cases, the employee must also specify the intended duration of such absence.
If no mention regarding such duration is included, employers will have to consider such request to extend to the maximum legal period, respectively up until the child reaches 2 years (3 years, in the case of a disabled child).
When deciding to return from childcare leave and resume work, the employee will have to notify their employer at least 30 days in advance of the intended return date.
๐ก๐ผ๐ป-๐๐ฟ๐ฎ๐ป๐๐ณ๐ฒ๐ฟ๐ฎ๐ฏ๐น๐ฒ ๐ฝ๐ฒ๐ฟ๐ถ๐ผ๐ฑ โ currently, in case both parents are eligible to access childcare leave, the duration of the childcare leave is split between the 2 parents. The parent that first exercises the right to childcare leave must allow the other parent a minimum period of at least 1 month (non-transferable) during which the other parent can chose whether to access childcare leave or to continue working.
GEO no. 164/29.11.2022 has extended the minim (non-transferable) duration that can be accessed exclusively by the other parent to 2 months.
In case the other parent does not apply for childcare leave during the reserved 2 months, even though he or she meets the legal requirements, the parent that first exercised the right to childcare leave shall not be entitled to take the childcare leave in their place.
๐ฅ๐ฒ๐๐๐ฟ๐ป๐ถ๐ป๐ด ๐๐ผ ๐๐ผ๐ฟ๐ธ – the conditions of employment and the salary rights held at the before the leave or acquired during the leave must be maintained until the end of the childcare leave. Furthermore, when resuming work, the employee has the right to benefit from working conditions which are not less favourable as well as from any improvements to which they might have been entitled in the meantime.
๐๐ป๐๐ฟ๐ ๐ถ๐ป๐๐ผ ๐ณ๐ผ๐ฟ๐ฐ๐ฒ: The provisions will become applicable as soon as the Implementing Regulations of GEO no. 111/2010 are updated (i.e. within 60 calendar days as of 7 December 2022).
For certain exceptions expressly provided for in the new GEO, the effective date has been determined separately.
This article was first published by our Romanian member firm Suciu – Employment & Data Protection Lawyers. Reach out to Suciu’s experts for any employment related questions and contact our representative Andreea Suciu.
