According to Law no. 273/2004 regarding the adoption procedure, the person entitled to benefit from accommodation leave is the adopter. However, any of the spouses in the adopting family, who earn taxable income, can also benefit from this leave. Furthermore, this right is not limited to employees only, but also extends to those who earn income from independent or agricultural activities.

The adopter, or optionally, one of the spouses in the adopting family, can benefit from an accommodation leave with a maximum duration of two years, which includes the period during which the child is entrusted for adoption, and are also entitled to a monthly allowance representing 85% of the average net income obtained in the last 12 months of the two years prior to the issuance of the court decision for entrusting for adoption, and which can range between 2,033.2 lei and 8,500 lei (according to the ISR value of 598 lei in 2023).

During the accommodation leave, the entitled person can be in one of the following situations, without affecting the allowance payment:

1. a) Earn income according to legal provisions, the collective labor agreement, or the individual labor contract, which do not stem from the actual performance of an activity during the leave period;
2. b) Receive allowances as a local or county councilor, regardless of their amount;
3. c) Generate taxable income by carrying out an activity different from the one suspended due to entering accommodation leave, provided that the net income does not exceed 7,475 lei (valid in 2023).

Employers who refuse to grant accommodation leave under the above conditions can be sanctioned with fines between 1,000 and 2,500 lei.