Persons who, in the last 2 years prior to the date of the child's birth, have achieved for at least 12 months income from salaries and those assimilated to salaries, income from independent activities, income from intellectual property rights, income from agricultural, forestry, and fishery activities, subject to income tax, hereinafter referred to as taxable income, benefit from leave for raising a child up to 2 years old, or 3 years old in the case of a child with disabilities, as well as a monthly allowance.

The amount of the monthly allowance is 85% of the average net income achieved in the last 12 months of the last 2 years prior to the date of the child's birth.

The minimum amount of the monthly allowance cannot be less than the sum resulting from applying a multiplication coefficient of 2.5 to the value of the social reference indicator, and its maximum amount cannot exceed 8,500 lei.

The above-mentioned 12 months may be entirely constituted of periods in which persons were in one or more of the following situations:

1. benefited from unemployment allowance or achieved contribution periods in the public pension system, under the conditions provided by special normative acts governing collective layoffs;
2. were registered with the county employment agency for the purpose of granting unemployment allowance;
3. benefited from health social insurance leave and allowances;
4. benefited from medical leave and allowances for prevention of illnesses and recovery of work capacity, exclusively for situations arising as a result of work accidents or occupational diseases;
5. benefited from invalidity pension;
6. are in a period of temporary work interruption, at the initiative of the employer, without terminating the employment relationship, for economic, technological, structural, or similar reasons;
7. benefited from leave and monthly allowance for raising a child;
8. benefited from leave and monthly allowance for raising or, as the case may be, caring for a child with disabilities;
9. benefited from unpaid leave for raising a child;
10. are in the period of 3 months from the termination of a fixed-term employment contract and the beginning of another fixed-term employment contract;
11. accompanied the spouse sent on permanent mission abroad;
12. performed or are performing voluntary military service, were concentrated, mobilized, or in captivity;
13. attend, without interruption, day courses of pre-university education, including the "Second Chance" program, or, as applicable, university-level bachelor's or master's courses, as well as postgraduate master’s level education, organized according to the law, in the country or abroad, in a field recognized by the Ministry of Education and Research, except in cases of interruption of courses for medical reasons;
14. have the status of doctoral student;
15. are in the period between graduation from pre-university education and the beginning, in the same calendar year, of another form of uninterrupted day pre-university education organized according to the law;
16. are in the period between graduation of day courses of pre-university education, organized according to the law, and the beginning of university education, day courses, in the same calendar year;
17. are in the period between completion of a form of university education, day courses, with or without a bachelor's or diploma exam, and starting, in the same calendar year, another form of university education, day courses, attended without interruption;
18. are in the period between the completion of a form of university education at the level of bachelor's or master's studies, as well as postgraduate master’s education, day courses, and the beginning, in the same calendar year, of another form of university education at the level of bachelor's or master's studies, day courses, attended without interruption;
19. are in the period between the completion of a form of postgraduate education, day courses, and the beginning, in the same calendar year, of another form of postgraduate education, day courses, attended without interruption;
20. are in the period of 60 days from the completion of compulsory education or, as the case may be, from graduation of day courses of pre-university, university at bachelor's or master's level, and postgraduate master’s education, organized according to the law, with or without graduation exam, for employment purposes or, as the case may be, for entering unemployment, calculated from the 1st day of the month following the completion of studies;
21. benefited from unpaid leave to attend training and professional development courses initiated or approved by the employer;
22. are in the period between graduation of day courses of higher medical education, with a bachelor's exam organized in the first session, and starting the first residency after graduation;
23. were sent on a permanent mission abroad;
24. benefited from the monthly allowance in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, from the allowance established according to measures for social protection of employees and other professional categories in the context of banning, suspending, or limiting economic activities caused by the epidemiological situation generated by the spread of the coronavirus SARS-CoV-2 and/or of the allowance established according to support measures for employees and employers in the epidemiological context caused by the spread of the coronavirus SARS-CoV-2, as well as for stimulating employment.

In order to grant these rights, persons who have performed professional activities in the Member States of the European Union or other states benefit from the totalization of activity periods performed in these states as provided by this law.

If one or more children resulting from multiple pregnancies is classified as having a disability, for such child/children, the allowance is granted until the child/children reach the age of 3 years, as follows:

a) if a right to a monthly allowance for raising the child is already established, by extending the granting period if the extension request is submitted before the previous right expires;

b) if the disability classification occurs after the child/children reaches the age of 2 years and the leave and allowance for raising the child were previously granted, by granting a new right from the date of inclusion in the disability category, if the request is submitted within 60 days from that date;

c) by granting a new right from the date of application submission if the deadlines provided in letters a) and b) have been exceeded.

The following persons benefit from the monthly allowance for raising children:

• either of the biological parents of the child/children;
• either of the spouses to whom the child/children have been entrusted for adoption or have adopted the child/children;
• the person who has the child in placement or in emergency placement;
• the professional foster carer, only for their own natural or adopted children;
• the person who has been appointed guardian.

The same rights are also available to one of the persons who has adopted the child, to whom the child has been entrusted for adoption or who has the child in placement or emergency placement, except for the professional foster carer who can benefit from these rights only for his/her own children, as well as the person who has been appointed guardian.

In the case of persons who have adopted the child, to whom the child has been entrusted for adoption or who have a child in placement or emergency placement, the granting of rights is done taking into account the 12-month period prior to the month in which, as appropriate, the adoption was approved, the entrustment was made, or the placement or guardianship was established.

If the death of the parent who fulfilled the conditions to benefit from the leave and monthly allowance occurs, the surviving parent has the right to benefit, upon request, from rights as follows:

a) from the rights of the deceased parent, if he/she does not fulfil the conditions provided by the relevant legislation in force;

b) from the rights provided by the relevant legislation in force, if he/she fulfils the granting conditions.

The leave and the monthly allowance are due for each birth or, as the case may be, for each adoption, entrustment for adoption, placement, or emergency placement situation.

The duration of the leave is extended accordingly in the event of overlapping two or more situations that generate this right. In such situations, only one allowance is granted.

If the person who benefited from leave and allowance for raising the child gives birth to one or more children or is in a new situation, within a period of up to 12 months from the end of the previous child-raising leave, if the calculation of the allowance results in a monthly allowance for raising the child lower than the allowance received before the birth of the latter child, the monthly allowance received for the previous child is granted.

The rights are granted if the applicant simultaneously fulfills the following conditions:

a) is a Romanian citizen, foreign citizen, or stateless person;

b) has domicile or residence on the territory of Romania;

c) lives in Romania together with the child/children for whom the rights are requested and takes care of the raising and care of this/these child/children.

The rights representing allowances are established as follows:

a) starting with the day following the day the maternity leave ends, according to the law, if the application is submitted within 60 working days from that date;

b) starting with the date of the child’s birth, if the application is submitted within 60 working days from that date, for persons who do not fulfill the conditions for granting maternity leave and the corresponding allowance, pursuant to the law;

c) starting from the date of adoption, establishment of guardianship, placement or entrustment, if the application is submitted within 60 working days from the date on which these measures for child protection were approved or, as applicable, established;

d) starting with the day following the day when the entitled person achieves taxable income, if the application is submitted within 30 working days from that date;

e) from the date of application submission, for all other situations, including the case when the request was submitted after the deadlines provided in letters a)-c).

The right to allowances ceases as of the day following the day when:

a) the child reaches the age of 2 years, or 3 years in the case of a child with disabilities;

b) the death of the child occurred.

The right to the allowance is suspended on the day following the day on which:

1. the beneficiary is deprived of parental rights;
2. the beneficiary is removed from the exercise of guardianship;
3. the beneficiary no longer fulfills the conditions provided by the legislation in force for entrusting the child for adoption;
4. the beneficiary no longer fulfills the conditions provided by the legislation in force for maintaining the placement measure;
5. the beneficiary is serving a custodial sentence or is in preventive detention for more than 30 days;
6. the child is abandoned or is interned in a public or private care institution;
7. the beneficiary has died;
8. in case the beneficiary no longer meets the conditions for granting rights;
9. the beneficiary realizes taxable income and the child has not reached the age of 2 years, or 3 years in the case of a child with disabilities;
10. it is found that for 3 consecutive months there are returned postal mandates.

The beneficiary of the rights is obliged to communicate in writing to the entity any change in his/her situation, which may result in the termination or suspension of payment of rights, within 15 working days from its occurrence.

The communication is sent by the territorial agency entity within 5 working days from the date of registration.