Law no. 19/2020 published in the Official Gazette on March 14, 2020 provides for the granting of free days to one of the parents for the supervision of the children, in the situation of temporary closure of the schools where they are enrolled, as a result of the extreme situations so decreed by the competent authorities with duties in the field.
The conditions that must be fulfilled cumulatively for the parents to benefit from the free days according to Law no. 19/2020:
- must have children up to 12 years old or up to 18 years old for children with disabilities, enrolled in a school;
- the job occupied does not allow work from home or tele working.
Parents have the right to paid holidays, for as long as the competent authorities decide to close the respective schools.
It is assimilated to “parent”:
- single person from mono-parental families;
- 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.
Procedure for granting paid days off:
- The free days are granted at the request of the parent, submitted to the employer of the parent who will supervise the child;
- The request shall be accompanied by a declaration on the other parent’s own responsibility, stating that he/she has not requested at his/her place of work free days which would suit him according to the present law.
The categories of units for which the provisions of law 19/2020 apply only with the agreement of the employer:
- the units of the national energy system;
- the operating units from the nuclear sectors;
- units with continuous fire;
- health and social care units;
- telecommunications, radio and public television units;
- public transport units and units that ensure the sanitation of the localities.
Free days allowance
The allowance for each free day is 75% of the salary corresponding to a working day, but not more than the correspondent per day of 75% of the average gross salary (5,429 lei) used to substantiate the state social insurance budget.
The amounts for the payment of the allowance are settled from the Guarantee Fund for the payment of the salary claims only during the period when the competent authorities decide to close the educational establishments.
The number of free days granted shall be determined by Government Decision within 30 days.
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