In the context of the temporary closure of the educational units as a result of the extreme situation (the crisis caused by the Covid -19) decreed by the competent authorities with responsibilities in this field, the Romanian Parliament adopted Law no. 19/2020 on granting parents free days for the supervision of the children, in the situation of temporary closure of the schools, which entered into force, today, March 17, 2020.
- 1. To whom is the law addressed?
This law concerns the situation of parents whose job does not allow work at home or teleworking and who have children up to 12 years old, enrolled in a school, or who have children with disabilities up to 18 years old, enrolled in a school.
It is assimilated to the parent, the single person in the single-parent family, as defined by Law no. 277/2010 regarding the family support allowance, republished, with the subsequent amendments and completions, respectively the legal representative of the child, as well as the designated person, according to the law, to exercise the rights and fulfill the parental obligations towards the child.
The provisions of Law no. 19/2020 apply to all public and private employees.
- 2. How many days are allowed?
The persons are entitled to paid days off, for as long as the competent authorities decide to close the respective educational establishments.
The number of free days granted according to Law no. 19/2020 is established by the Government’s, decision.
- 3. How are these free days granted?
Free days are granted at the request of the employee. The application must be accompanied by a declaration on the other parent's own responsibility, stating that he did not request at his place of work free days that would suit him according to Law no. 19/2020. This declaration is not required for single parent families.
In the case of employees from the units of the national energy system, from the operating units from the nuclear sectors, from the units with continuous fire, from the health and social assistance units, from telecommunications, radio and public television, from the transports by rail, from the units that provide public transport and sanitation of the localities, as well as the population's supply of gas, electricity, heat and water, free days are granted only with the agreement of the employer.
- 4. Leave of absence
The leave allowance is 75% of the salary corresponding to a working day, but no more than the correspondent per day of 75% of the gross average wage used to substantiate the state social insurance budget.
Therefore, the allowance will be established on working days.
For example: for a salary of 2,230,00 Ron, the daily allowance for a month with 20 working days will be 75% of the salary corresponding to a working day - that is 2,230,00 Ron: 20 days = 111.50 Ron x 75% = 84 Ron / day.
The average gross salary in the economy is RON 5,429.00 in 2020. Therefore, the daily allowance for a month of 20 working days will be RON 5,429.00: 20 days = 271.45 Ron x 75% = 204 Ron / day.
- 5. Are these amounts subsequently settled by the state?
Yes, according to Law no. 19/2020, the amounts for the payment of the aforementioned allowance will be settled subsequently, by the employers, from the social debt guarantee fund, by derogation from the provisions of Law no. 200/2006 regarding the establishment and use of the Guarantee Fund for the payment of salary claims, as subsequently amended.
Until the end of the fiscal year, the amounts settled will be returned to the Guarantee Fund from the state budget, according to a procedure established by Government decision, which will be approved within 30 days from the entry into force of this law.
