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Romania - Maternity protection - 2011


LAST UPDATE

07 November 2011
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SOURCES


Name of Act

Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities, Official Journal No. 1074, 29 November 2005 Amended by the Emergency Ordinance No. 36 of 2010.

Name of Act

Labour Code, Law No. 53/2003, Monitorul Oficial, No. 72, 5 February 2003, as amended up to 2011 (Law No.53 of January 24 of 2003)

Name of Act

Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work (Ordonanta de Urgenta a Guvernului nr. 96 din 14 octombrie 2003 privind protectia maternitatii la locurile de munca), Published in the Monitorul Oficial, No. 750 of 27 October 2003

Name of Act

Law on equal opportunities between women and men, No. 202 of 19 April 2002 (Legea nr. 202 din 19 aprilie 2002 privind egalitatea de sanse intre femei si barbati), republished in Monitorul Oficial, Partea I nr. 150 din 01/03/2007

Name of Act

Emergency Ordinance No. 148/2005 on support of the family for child raising, Official Journal No. 1008, 14 November 2005

Name of Act

Act on paternity leave, of 31 December 1999 (Lege nr. 210 din 31 decembrie 1999, Legea concediului paternal), Official Gazette No. 654 of 31 December 1999

Name of Act

Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011.

Name of Act

Emergency Ordinance No 148/2005 on support of the Family for child raising applicable for births before 31 December 2010.

Other source used

Ministry of Labour, Family and Social Protection

Other source used

Other source used

Social Security Fund

MATERNITY LEAVE


Scope

Female health insurance holders.(covered are activities based on individual contract of employment or service and any other dependent activities, operating in elective or appointed positions within the executive, legislative or judicial term of office and members of a cooperative, whose rights and duties shall be treated as dependent work, people receiving unemployment benefits under the law).
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §1
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §1

Qualifying conditions

Minimum contribution period to the Health Insurance of 1 month over the past 12 months.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §3, 7

Duration


Compulsory leave

42 days after confinement.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §16

General total duration

126 calendar days (63 days before and 63 days after confinement)
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §23(1), 24(1)
Historical data (year indicates year of data collection)
  • 2009: 126 calendar days (63 days before and 63 days after confinement)
  • 2004: One hundred and twenty-six days
  • 1998: One hundred and twelve days
  • 1994: One hundred and twelve days

Extension

Disabled insurance holders are, at their request, entitled to maternity leave from the 6th month of pregnancy.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §24(3)

Leave in case of illness or complications

Increase of leave in case of multiple births was not identified. Although, there are provisions on increase of cash benefits in case of multiple births.
Leave in case of illness or complications derived from confinement was not identified.
For leave in case of illness during pregnancy, please see comments in the field of Health protection.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work
Emergency Ordinance No 148/2005 on support of the Family for child raising applicable for births before 31 December 2010.

RELATED TYPES OF LEAVE


Parental leave


Scope

Paid leave for child-care can be used by one of the parents of the child, other relative or the tutor.

Emergency Ordinance No. 148/2005 on support of the family for child raising §5(1)

Qualifying conditions

For parents whose child/children was/were born on or after January 1 or those who adopted on or will adopt a child after this date:
Romanian citizenship
Residence by law for those foreign citizens or stateless person

12 months of salary income in the last year or income from independent activities or income from agricultural activities subject to income tax according to Law No.571 of 2003 regarding the fiscal code.
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities

Length

For parents of child/children born on or before 31 December of 2010,
the entitlement to child-care leave is available until the child reaches the age of 2 years. In the case of a disabled child until the age of 3 years.

For parents of child/children born on or after 1st January of 2011 the Emergency Ordinance 111 of 2010 have introduced certain modifications:
a. child-care leave until the child reaches the age of 1 year
b. child-care leave until the child reaches the age of 2 years
For parents of a disabled child the child-care leave is until the child reaches the age of 3 years
Emergency Ordinance No. 148/2005 on support of the family for child raising
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011. §1,2,3,5,6,7,8,9,10, 11,12

Paternity leave


Scope

Employed fathers of a newborn child.
Act on paternity leave §1

Qualifying conditions

Upon request, accompanied by a birth certificate.
Act on paternity leave §2(2)

Length

5 days (plus 10 days in case the employee attended infant care courses) during the first 8 weeks after birth.
Act on paternity leave §2, 4

Adoption leave


Scope

For adoptions made on or before the 31 December of 2010
persons that have adopted a child under 2 years of age (or 3 years of age in case of a disabled child).

For adoptions made on or after the 31 December of 2010, all the benefits granted for biological parents will apply to adoptive parents, please take a look at parental leave and cash benefits.
Emergency Ordinance No. 148/2005 on support of the family for child raising §5(2)
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011. §8

Length

For adoptions made on or before the 31 December of 2010
persons that have adopted a child under 2 years of age (or 3 years of age in case of a disabled child).

For adoptions made on or after the 31 December of 2010, all the benefits granted for biological parents will apply to adoptive parents, please take a look at parental leave and cash benefits.
Emergency Ordinance No. 148/2005 on support of the family for child raising §1(1)
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011.

RIGHT TO PART-TIME WORK


General provisions

Not provided
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work

Change of part-time work arrangement

Not provided
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work

CASH BENEFITS


Maternity leave benefits


Scope

Female health insurance holders, and women who have stopped paying the insurance contribution, but give birth to a child within 9 months from the date when the insurance holder status was lost.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §23(1)(2)

Qualifying conditions

Minimum period of contributions to health insurance of 1 month over the preceding 12 months.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §3, 7

Duration

126 calendar (63 days before and 63 days after childbirth)
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §23(1), 24(1)

Amount

85 per cent of the average wage during the last 12 months. No ceiling.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §25(1)
Historical data (year indicates year of data collection)
  • 2009: 85 per cent of the average wage during the last 12 months. No ceiling.
  • 2004: Eighty-five percent
  • 1998: Fifty percent to ninety-four percent, depending on employment length and family size; eighty-five percent longest employed
  • 1994: Fifty percent to ninety-four percent, depending on employment length and family size; eighty-five percent longest employed

Financing of benefits

The benefits are paid from the state health insurance budget.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities §1, 2
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Historical data (year indicates year of data collection)
  • 2009: The benefits are paid from the state health insurance budget.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits


Scope

The child-care benefit is granted to one of the parents, adoptive parents, foster parents or the person who is the appointed guardian of the child ir was trusted with children`s care and education.
Emergency Ordinance No. 148/2005 on support of the family for child raising §5(1)

Qualifying conditions

Parental leave allowances are paid for each of the first three births, if the person had professional income subject to the income tax in the last 12 months preceding the birth of the child.

It is granted upon request, accompanied inter alia by a birth certificate and statement of the parental relationship with the child.


For parents whose child/children was/were born on or after January 1 or those who adopted on or will adopt a child after this date:

Romanian citizenship
Residence by law for those foreign citizens or stateless person
12 months of salary income in the last year or income from independent activities or income from agricultural activities subject to income tax according to Law No.571 of 2003 regarding the fiscal code.
Emergency Ordinance No. 148/2005 on support of the family for child raising §1(1), 6, 8
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011.

Duration

For parents of child/children born on or before 31 December of 2010,
the entitlement to child-care leave is available until the child reaches the age of 2 years. In the case of a disabled child until the age of 3 years.

For parents of child/children born on or after 1st January of 2011 the Emergency Ordinance 111 of 2010 have introduced certain modifications:
a. child-care leave until the child reaches the age of 1 year
b. child-care leave until the child reaches the age of 2 years a

For parents of a disabled child the child-care leave is until the child reaches the age of 3 years
Emergency Ordinance No. 148/2005 on support of the family for child raising §1(1)
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011.

Amount

For parents of children born or adopted on or before December 30 of 2010, 85 per cent of the average wage received during the preceding 12 months (minimum: 600 lei, maximum: 4,000 lei).

For parents of child/children born on or before 31 December of 2010,
the entitlement to child-care leave is available until the child reaches the age of 2 years. In the case of a disabled child until the age of 3 years.

For parents of child/children born on or after 1st January of 2011 the Emergency Ordinance 111 of 2010 have introduced certain modifications:
a. child-care leave until the child reaches the age of 1 year and a monthly allowance 75% of the average net wage received during the preceding 12 months(minimum 600 lei, maximum 3400 lei).
b. child-care leave until the child reaches the age of 2 years and a monthly allowance 75% of the average net wage received during the preceding12 months(minimum 600 lei, maximum 1200 lei).

For parents of a disabled child the child-care leave is until the child reaches the age of 3 years and the monthly allowance is 75% of the average net wage received during the preceding 12 months(minimum 600 lei, maximum 3400 lei)

This monthly allowance shall be increased by 600 lei for each child born to a twins, triplets or multiple starting from the second child coming from such a birth.

After the child reaches the age of one year, except for children with disabilities, people who have opted to grant parental leave and allowance provided for and mentioned above, are entitled to unpaid leave for child up to age of 2.

Leave and allowance provided for in art. 2.(1), art. 5 and 6 and insert the stimulus provided by art. 7 is due for each of the first three births or, where appropriate, for the first three situations provided in art. 8 par. 2.
Emergency Ordinance No. 148/2005 on support of the family for child raising §1(1)
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011.

Financing of benefits

The benefits are paid integrally from the state budget.
Emergency Ordinance No. 148/2005 on support of the family for child raising §19, 20

Paternity leave benefits


Scope

Fathers taking paternity leave.
Act on paternity leave §2

Qualifying conditions

Upon request, accompanied by a birth certificate, during the first 8 weeks following birth.
Act on paternity leave §2(2)

Duration

5 working days (plus 10 days in case the employee attended infant care courses)
Act on paternity leave §2(1), 4(1)

Amount

100 per cent.
Act on paternity leave §2(3)

Financing of benefits

Employer.
Act on paternity leave §2(3)

Adoption leave benefits


Scope

A person having adopted a child.
Emergency Ordinance No. 148/2005 on support of the family for child raising §5(1)

Qualifying conditions

Allowances are paid for each fo the first three children, if the person had provessional income subject to the income tax in the last 12 months preceding the adoption of the child.
It is granted upon request, accompanied inter alia by a birth certificate and statement of the adoptive relationship with the child.
Emergency Ordinance No. 148/2005 on support of the family for child raising §1(1), 8

Duration

For adoptions made on or before the 31 December of 2010
persons that have adopted a child under 2 years of age (or 3 years of age in case of a disabled child).

For adoptions made on or after the 31 December of 2010, all the benefits granted for biological parents will apply to adoptive parents, please take a look at parental leave and cash benefits.
Emergency Ordinance No. 148/2005 on support of the family for child raising §1(1)
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011. §8

Amount

For adoptions made on or before the 31 December of 2010
persons that have adopted a child under 2 years of age (or 3 years of age in case of a disabled child).

For adoptions made on or after the 31 December of 2010, all the benefits granted for biological parents will apply to adoptive parents, please take a look at parental leave and cash benefits.

For parents of children born or adopted on or before December 30 of 2010, 85 per cent of the average wage received during the preceding 12 months (minimum: 600 lei, maximum: 4,000 lei).

For parents of child/children born on or before 31 December of 2010,
the entitlement to child-care leave is available until the child reaches the age of 2 years. In the case of a disabled child until the age of 3 years.

For parents of child/children born on or after 1st January of 2011 the Emergency Ordinance 111 of 2010 have introduced certain modifications:
a. child-care leave until the child reaches the age of 1 year and a monthly allowance 75% of the average net wage received during the preceding 12 months(minimum 600 lei, maximum 3400 lei).
b. child-care leave until the child reaches the age of 2 years and a monthly allowance 75% of the average net wage received during the preceding12 months(minimum 600 lei, maximum 1200 lei).

For parents of a disabled child the child-care leave is until the child reaches the age of 3 years and the monthly allowance is 75% of the average net wage received during the preceding 12 months(minimum 600 lei, maximum 3400 lei)

This monthly allowance shall be increased by 600 lei for each child born to a twins, triplets or multiple starting from the second child coming from such a birth.

After the child reaches the age of one year, except for children with disabilities, people who have opted to grant parental leave and allowance provided for and mentioned above, are entitled to unpaid leave for child up to age of 2.

Leave and allowance provided for in art. 2.(1), art. 5 and 6 and insert the stimulus provided by art. 7 is due for each of the first three births or, where appropriate, for the first three situations provided in art. 8 par. 2.
Emergency Ordinance No. 148/2005 on support of the family for child raising §1(1)
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011.

Financing of benefits

The benefits are paid integrally from the state budget.
Emergency Ordinance No. 148/2005 on support of the family for child raising §19, 20

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Employers shall allow Pregnant workers to undergo medical examinations during pregnancy for up to a maximum of 16 hours per month without loss of pay, if these medical check-ups can take place only during working hours.
Medical benefits for insured workers
Medical benefits: Medical services are provided directly to patients by providers with contracts with local health insurance funds. Medical benefits include general and specialist care, outpatient care, hospitalization, medicine, appliances, rehabilitation, preventive medical care, maternity care, transportation, and other services.
Medical benefits for dependents: Medical services are provided directly to patients by providers with contracts with local health insurance funds. Medical benefits include general and specialist care, outpatient care, hospitalization, medicine, appliances, rehabilitation, preventive medical care, maternity care, transportation, and other services.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §15
ISSA

Financing of benefits

National Health Insurance Fund
ISSA
Social Security Fund

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A female employee who breastfeeds her child shall be entitled to paid breaks for breastfeeding until the child reaches 1 year. The length of the break is one hour twice a day.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §17.1

Remuneration of nursing breaks

The nursing breaks are paid by the employer.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §17.3

Transfer to another post

The employer shall take all kind of necessary measures to guarantee appropriate working conditions and/or assigning the pregnant worker or nursing mother to another job without risk to health or safety, as recommended by the occupational physician or family doctor, keeping wages.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §10

Nursing facilities

The employer shall provide the necessary place and commodities for nursing women workers, respecting the sanitary norms.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §17.4

HEALTH PROTECTION


Arrangement of working time


Night work

Pregnant women, women who have recently given birth, or nursing women shall not be obliged to perform night work.
Labour Code §125.2

Overtime

It has not been expressly prohibited
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work

Work on rest days

It has not been expressly prohibited
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work

Time off for medical examinations

The employer shall be obliged to give paid time off for medical examinations to a pregnant worker or employee, if they need this to be done during working time. The duration for medical examinations shall not exeed 16 hours per month.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §20

Leave in case of sickness of the child

For taking care of a disabled child, parents are entitled to leave until the child reaches the age of 3 years and the monthly allowance is 75% of the average net wage received during the preceding 12 months.3
Emergence Decree No.111 of 2010 on leave and monthly allowance for raising children. For births after January 1 of 2011. §12.4

Dangerous or unhealthy work


Risk assessment


» Assessment of workplace risks

In order to establish the necessary measures to protect employees, the employer, in collaboration with labour health physician, must anually assess the nature, degree and duration of risk factors arising from conditions of work and their influences on pregnant or nursing women workers.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §5

» Adaptation of conditions of work

If the safety and health of the woman worker is considered in danger, her employer shall make the necessary arrangements to ensure the woman’s safety by temporarily changing her working conditions and/or working hours or to transfer the woman to another work with reservation of average salary.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §9

» Transfer to another post

Pregnant women, according to a medical opinion, shall be transfered to easier work, which is not hazardous. The woman preserves the average wages of the previous place of work.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §20.2

» Paid/unpaid leave

If the employer is not in conditions of adapting work to safety and health necessities of a pregnant worker or a mother returning to work from compulsory maternity or leave if they are not making of parental leave, are entitled to maternity risk paid leave for up to 120 days and previous presentation of a medical certificate.
This leave cannot be given simultaneously with other leave provided for by the Public Pension System and other Social Insurance Rights.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §10

» Right to return

Please see non discrimination and protection of employment field.

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Pregnant women and nursing mothers may not be exposed to arduous work (manual lifting).
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work Annex 1

» Work involving exposure to biological, chemical or physical agents

Pregnant women and nursing mothers may not be exposed to chemical, biological, physical agents (e.g. ionazing radiation, extreme temperatures, carcerogenic, rubella virus, toxoplasmosis, lead).
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work Annexes 1 and 2

» Working requiring special equilibrium

The employer shall make the necessary arrangements of the work place for the pregnant women or nursing women who perform work involving prolonged periods of standing or sitting. Pregnant women and nursing mothers may not be exposed to extreme temperatures (hot or cold).
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work:§12

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The principle of equal treatment for men and women is applied in the working relations. Direct or indirect discrimination based on sex, family situation ro responsibility prohibited.
Law on equal opportunities between women and men §9.1

Prohibition of pregnancy testing

It is forbidden to request from a candidate a pregnancy test with a view to her employment.
Law on equal opportunities between women and men §10

Protection from discriminatory dismissal

Employers shall not dismiss a pregnant employee that have given written notice of the pregnancy because of her pregnancy, the employee that is in maternity risk, the employee that is in maternity leave, the employee that is in parental leave up to 2 years old or, if is a disabled child, aged up to 3 years; the employee that is in leave to care for a sick child under the age of 7 years or, if a disabled child under the age of 18.
This prohibition extends only once, with up to 6 months after the returning of employee to work.
Exception provided for dismissal that occurs as a result of reorganization or bankruptcy of the employer, under the law.
Law for adopting Emergency Ordinance nr 96/2003 on Maternity protection at work §21.1

Burden of proof

The burden of proof lies with the person against whom the petitioner filed the complaint/objection or, where appropriate, based on the request that the (judicial) proceedings consider the facts based on the existence of direct or indirect discrimination, in which non-infringement of the principle of equal treatment must be proved.
Law on equal opportunities between women and men §44

Guaranteed right to return to work

Upon termination of maternity leave and parental leave for child care, employee is entitled to return to the last job or an equivalent job with equivalent working conditions and also to benefit from any improvement in working conditions that would have been entitled during their absense
Law on equal opportunities between women and men §10.7

Results generated on: 01st October 2014 at 12:36:15.
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