Law no. 110/2021 published in the Official Gazette on October 5th 2021 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 provisions of the ordinance shall apply during the alert period, but not later than the end of the academic year 2021-2022, without including holidays.

 

1. Days are granted to one of the parents for the supervision of children up to and including 12 years of age, as well as to parents who have dependent children or adults with disabilities included in a form of education, respectively enrolled in a pre-university education unit, including early preschool education, hereinafter referred to as educational units.

2. The provisions of par. (1) applies to parents who cumulatively meet the following conditions:

• the other parent does not benefit, in his turn, from days off or, as the case may be, the parent requesting the granting of days off is in one of the situations provided in art. 3 of Law no. 277/2010 on the allowance for family support, republished, with subsequent amendments and completions;
• the occupied workplace does not allow work at home or telework.

The provisions of this emergency ordinance do not apply if one of the parents is in one or more of the following situations:

• is on maternity leave;
• is the personal assistant of one of the dependent children;
• is on vacation / unpaid leave;
• has employment relationship suspended for the temporary interruption of the employer’s activity;
• does not realize incomes from salaries and assimilated to salaries, incomes from independent activities, incomes from intellectual property rights, incomes from agricultural activities, forestry and fish farming, subject to income tax.

Paid days off are granted at the request of the parent who meets the conditions provided in art. 2 submitted to his employer. The days off are granted from the date of submission of the application, but not earlier than the date on which it is decided to limit or suspend the teaching activities.

 

The request shall be accompanied by a declaration on the other parent’s own responsibility, a copy of the child’s birth certificate(s) or the document certifying the quality of parent, as well as, as the case may be, the following documents:

 

1. copy of the certificate of inclusion in the degree of disability of the child or adult up to 26 years of age;
2. copy of the certificate issued by the family doctor / specialist doctor

The employer is obliged to grant days off if the employee requests this right based on the provisions of this emergency ordinance.

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 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.