According to Emergency Ordinance no. 164/2022, the following changes regarding child care leave and child care leave allowance have occurred: 

  • the income earned by a person in both countries is taken into account, subject to the provisions of Article 12 paragraph (2) of the same Regulation
  • the monthly allowance is increased by 50% for each child born from a twin pregnancy, triplets, or multiple pregnancies, starting with the second child coming from such a pregnancy. The increase thus calculated may not be less than the minimum amount of the childcare leave allowance. 
  • if both parents meet the requirements for granting parental leave, provided for in this emergency ordinance, this will be granted as follows:  

a) at least two months of parental leave for the parent who did not initially request the granting of this right; 

b) if the parent referred to in letter a) does not request the granting of parental leave for at least two months, although they meet the requirements provided for in this emergency ordinance, the other parent may not benefit from the right to child care leave in their place. 

  • to request child care leave, employees have an obligation to notify the employer at least ten days before the end of maternity leave or, as the case may be, before the estimated start date of parental leave, by applying letric or electronic format specifying the expected period of child care leave 
  • if the person entitled does not specify the expected period in the application for child care leave, the employer approves the application for the maximum period of child care leave as per law. 
  • the child care leave allowance may be pursued and enforced regardless of the nature of the claims owed by the debtor, within limits provided by the legal framework. 
  • in the case of the entitled person who is an employee and who returns to his professional activity, they should notify, in writing, the employer at least 30 days before the intention to resume the employment or service relationship. 

The provisions of the above Emergency Ordinance enter into force after the amended Government Decision is published. 

Our team of professional is available for any clarifications or additional details required in your analysis. The above information represents just a summary of aspects we consider relevant in the recently published legislation. This is not exhaustive disclosure of information and it is not intended to be used as advice on any particular matter. We invite all readers to contact us for further clarification of any specific issue. Argus Audit team and its associates disclaim liability in any action taken by a third party in reliance exclusively on summarized information presented in our publications.