legislatiamuncii.manager.ro (14.03.2020) Law no. 19/2020 regarding granting free days to parents for the supervision of children, in the situation of temporary closure of the educational units was published in the Official Gazette and entered into force from March 17, 2020. The law was given to grant free days to employees who have children, during the period when the educational units are closed, in the context of the coronavirus pandemic and the state of emergency decreed by President Klaus Iohannis. Payable to one parent who cannot telework and who has to take care of children of up to 12 years of age.
The allowance for each free day is paid from the chapter on personnel expenses from the employer's income and expenses budget and is in the amount of 75% of the salary corresponding to a working day, but not more than the correspondent per day of 75% of the the gross average wage gain used to substantiate the state social insurance budget.
Law No. 19/2020 introduces free days to employees who have children, during the period when the educational units are closed, in the context of the coronavirus pandemic and the state of emergency decreed by President Klaus Iohannis. An allowance of 75% of the salary is payable to one parent who cannot telework and who has to take care of children of up to 12 years of age.
Law no. 19/2020 regarding granting free days to parents for the supervision of children, in the situation of temporary closure of the educational units was published in the Official Gazette and entered into force from March 17, 2020. The law was given to grant free days to employees who have children, during the period when the educational units are closed, in the context of the coronavirus pandemic and the state of emergency decreed by President Klaus Iohannis.
The Romanian Parliament adopts this law.
Article 1. -
(1) Free days are granted to one of the parents for the supervision of the children, in the situation of temporary closure of the educational units where they are enrolled, as a result of adverse weather conditions or other extreme situations so decreed by the competent authorities with responsibilities in the field.
(2) The provisions of para. (1) applies to parents who cumulatively fulfill the following conditions:
a) have children up to 12 years old, enrolled in an educational unit or have children with disabilities up to 18 years old, enrolled in an educational unit;
b) the work place occupied does not allow work at home or telemark.
(3) It is assimilated to the parent, within the meaning of the provisions of par. (1) and (2), the single person from the single-parent family, as defined by Law no. 277/2010 regarding the allocation for the support of the family, republished, with the subsequent amendments and completions, respectively the legal representative of the child, as well as the person designated, according to the law, to exercise the rights and fulfill the parental obligations towards the child.
(4) The persons mentioned in par. (2) have the right to paid free days, for as long as the competent authorities decide to close the respective educational units.
Article 2. -
(1) The free days shall be granted at the request of one of the parents, deposited with the employer of the person who will supervise the child during the period provided for in art. 1 paragraph (4).
(2) The request provided in par. (1) shall be accompanied by a declaration on the own responsibility of the other parent, stating that he / she did not request at his place of work free days that would suit him according to the present law.
(3) The provisions of para. (2) does not apply to the single person in the single parent family.
(4) The provisions of para. (1) applies to employees in the units of the national energy system, in the operational units in the nuclear sectors, in the units with continuous fire, in the sanitary and social assistance units, in telecommunications, radio and public television, in rail transport, in the units that ensure the public transport and the sanitation of the localities, as well as the supply of the population with gas, electricity, heat and water, only with the agreement of the employer.
Article 3. -
(1) The allowance for each free day is paid from the chapter on personnel expenses from the employer's income and expenses budget and is in the amount of 75% of the salary corresponding to a working day, but not more than the correspondent per day of 75% of the the gross average wage gain used to substantiate the state social insurance budget.
(2) By derogation from the provisions of Law no. 200/2006 regarding the establishment and use of the Guarantee Fund for the payment of salary claims, with subsequent modifications, the amounts for the payment of the allowance provided in par. (1) is settled from this fund only for the period provided for in art. 1 paragraph (4).
(3) Until the end of the fiscal year, the amounts settled according to par. (2) will be returned to the Guarantee Fund from the state budget, according to a procedure established by Government decision.
Article 4. -
The number of free days granted according to this law is established by the Government, by decision, for each situation provided for in art. 1 paragraph (1).
Article 5. -
The provisions of this law apply to all public and private employees.
Article 6. -
Within 30 days from the entry into force of this law, the Government decision provided for in art. 3 paragraph (3).
This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 paragraph (2) of the Romanian Constitution, republished.
THE PRESIDENT OF THE Chamber of Deputies
ION-MARCEL CIOLACU p. THE PRESIDENT OF THE SENATE,
TITUS CORLATEAN
Bucharest, March 14, 2020.