The leave granted to the parents who stay at home with their children during the suspension of the school courses
The normative framework for granting these free days is given by:
- Law no. 19/2020 regarding granting free days to parents for supervising children;
- GEO no. 30/2020 amending and completing some normative acts, as well as for establishing measures in the field of social protection in the context of the epidemiological situation determined by the spread of coronavirus;
- GD no. 217/2020 regarding the application of the provisions Law no. 19/2020 regarding the granting of free days to parents for the supervision of children.
Who is entitled to this type of leave
Only one of the parents has the right to benefit from free days:
- for children up to 12 years old,
- enrolled in an educational unit,
- if the workplace does not allow work from home or telemarketing.
The law does not show who classifies if a job can be done from home, so it is up to the employer to make this classification.
The net allowance related to these days of leave is borne by the State Guarantee Fund for the payment of salary claims, meaning the employer will pay it first to its own money and then will have the right to request its reimbursement from this Fund.
Employees cannot receive this type of leave if:
- is on medical leave or on leave to raise the child;
- is the personal assistant of the child;
- is on vacation leave or leave without pay;
- is in technical unemployment.
- the other parent does not earn any income.
Parents for which free days can be granted, benefit from these free days throughout the closing of the educational units period, in this case during the entire state of emergency (which was decreed for a month, starting with 16.03.2020, with possibility of extension).
Award procedure
In order to benefit from free days, the interested parent must make an application to the employer (this application is not a given form), to which he/she should add:
- statement on the responsibility of the other parent, stating that he/she does not benefit from free days,
- copy of the birth certificate
- proof that the child is included in the education system (copy of student booklet for example)
The allowance for each free day is 75% of the basic salary corresponding to a working day, without exceeding the percentage of 75% of the National gross average salary, corresponding to a working day, resulting in 4,071 RON gross, respectively 2,381 RON net.
The indemnity is subject to income tax from salaries and compulsory social contributions, according to the Fiscal Code.
Employers can only claim settlement of the amount representing the net allowance, actually paid to the parent. So, the employers pay income tax and social insurance.
The employer interested in reimbursing the amounts will send by email to the local agency for employment, the following documents:
a) written request, which will contain the following mandatory elements: identification data of the employer including the email address, bank account, the name of the legal representative, the total amount requested, the number of employees for whom the amount was requested.
b) copy of the payroll sheets;
c) declaration on the responsibility of the employer given by the employer in compliance with the Law no. 19/2020;
d) proof of payment of contributions and taxes for the month in which the allowance was paid.
The request for the reimbursement of the allowance can be sent within 30 days from the date of payment of the taxes and contributions related to the allowance.
The payment of the amounts paid as compensation by ANOFM shall be settled within 60 calendar days from the date of submission of all documents.
If the documents cannot be sent by email, they can be sent by any means of communication. ANOFM has the obligation that within 24 hours after receiving these documents, to communicate to the employer the Registration number of the communicated request.