Persons who, in the last 2 years prior to the child's birth, have realized for at least 12 months income from salaries and 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 the child up to 2 years, respectively 3 years in the case of a disabled child, as well as a monthly allowance.

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

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

The 12 months provided above may also consist entirely of periods in which persons have been in one or more of the following situations:

1. have benefited from unemployment allowance or have realized periods of contribution stage in the public pension system, under the conditions provided by special normative acts regulating collective redundancies;
2. have been registered with the county employment agency for the purpose of granting unemployment allowance;
3. have benefited from leave and social health insurance allowances;
4. have benefited from medical leave and allowances for the prevention of illnesses and recovery of work capacity, exclusively in situations resulting from work accidents or occupational diseases;
5. have benefited from invalidity pension;
6. are in a period of temporary interruption of activity, at the initiative of the employer, without the termination of the employment relationship, due to economic, technological, structural, or similar reasons;
7. have benefited from leave and monthly allowance for raising the child;
8. have benefited from leave and monthly allowance for raising or, as the case may be, caring for a disabled child;
9. have benefited from unpaid leave for raising the child;
10. are in the period of 3 months between the end of a fixed-term employment contract and the beginning of another fixed-term contract;
11. have accompanied their spouse sent on permanent mission abroad;
12. have served or are serving voluntary military service, have been mobilized, concentrated, or held as prisoners;
13. attend, without interruption, day courses of pre-university education, including within the "Second Chance" program, or, as the case may be, university courses at bachelor’s or master’s level, as well as postgraduate education at master’s level, 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 due to medical reasons;
14. have the status of PhD student;
15. are in the period between completion of a form of pre-university education and the start, in the same calendar year, of another form of pre-university day courses, organized according to the law, attended without interruption;
16. are in the period between graduation of pre-university day courses, organized according to the law, and the start of university day education, 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 the start, in the same calendar year, of another form of university day education, attended without interruption;
18. are in the period between completion of a form of university education, at the bachelor's or master's degree level, as well as postgraduate education at the master's level, day courses, and the start, in the same calendar year, of another form of university education at bachelor’s or master’s level, day courses, attended without interruption;
19. are in the period between completion of a form of postgraduate education, day courses, and the start, 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, graduation from pre-university, bachelor’s or master’s university day courses, and postgraduate master’s, organized according to the law, with or without a graduation exam, for employment or, as the case may be, for registration for unemployment, calculated from the 1st of the month following completion of studies;
21. have benefited from unpaid leave to participate in training and professional development courses at the initiative of the employer or with their approval;
22. are in the period between graduation from superior medical education day courses, with a bachelor's exam organized in the first session, and the start of the first residency after graduation;
23. have been sent on permanent mission abroad;
24. have benefited from the monthly allowance in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, the allowance established according to protection measures for employees and other professional categories in the context of prohibition, suspension or restriction of economic activities, caused by the epidemiological situation generated by the spread of the SARS-CoV-2 coronavirus and/or the allowance established by the support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, as well as for stimulating labor market participation.

For the granting of these rights, individuals who have carried out professional activities in the member states of the European Union or other countries benefit from the totalization of periods of activity carried out in these states, under the conditions provided by this law.

If one or more children resulting from multiple births are classified as disabled, for him/them, the allowance is granted until the child/children reach the age of 3 years, as follows:

a) if a monthly child-raising allowance right is already established, by extending the granting period if the extension request is filed before the previous right ceases;

b) if the classification as disabled occurs after the child/children reach the age of 2 years and previously the leave and allowance for raising the child have been granted, by granting a new right from the date of classification as disabled, if the request is submitted within 60 days from that date;

c) by granting a new right from the date the request is filed if the deadlines provided in lett. a) and b) have been exceeded.

The following persons benefit from the monthly child-raising allowance:

• any of the child’s biological parents;
• any of the spouses to whom the child/children has/have been entrusted for adoption or who have adopted the child/children;
• the person who has the child in foster care or in emergency foster care;
• the professional maternal assistant, only for his/her own natural or adopted children;
• the person who has been appointed as guardian.

The same rights are also given to one of the persons who adopted the child, to whom the child was entrusted for adoption, or who has the child in foster care or in emergency foster care, with the exception of the professional maternal assistant who can benefit from these rights only for his/her own children, as well as the person who has been appointed as guardian.

For persons who adopted a child, to whom the child was entrusted for adoption or who have a child in foster care or in emergency foster care, the granting of rights is made taking into account the 12 months preceding the one in which, as the case may be, the adoption was approved, the child was entrusted or foster care or guardianship was instituted.

If the parent who fulfilled the conditions to benefit from the leave and monthly allowance passes away, the surviving parent has the right to benefit, upon request, as follows:

a) from the rights of the deceased parent, if he/she does not meet the conditions stipulated by the applicable legislation;

b) from the rights provided by the applicable legislation, if he/she meets the granting conditions.

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

The granting period of the leave is extended accordingly if two or more situations likely to generate this right overlap. In such cases only one allowance is awarded.

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

The rights are granted provided the applicant cumulatively meets the following conditions:

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

b) has domicile or residence on Romanian territory;

c) lives in Romania together with the child/children for whom the rights are requested and is responsible for their upbringing and care.

The rights representing allowances are established as follows:

a) starting from the day following the one on which the maternity leave terminated, according to the law, if the request is filed within 60 working days from that date;

b) starting from the child’s date of birth, if the request is filed within 60 working days from that date, in case of persons who do not meet the conditions, according to the law, for granting maternity leave and the related allowance;

c) starting from the date of adoption, guardianship, foster care or entrustment, if the request is filed within 60 working days from the date the measures for the child’s protection were approved or, as the case may be, instituted;

d) starting from the day following the day the entitled person obtains taxable income, if the request is filed within 30 working days from this date;

e) from the date of submitting the request, for all other situations, including if the request was filed after the deadlines set in lett. a)-c).

The right to allowances ceases on the day following the one on which:

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

b) the child has passed away.

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

1. the beneficiary has lost parental rights;
2. the beneficiary has been removed from exercising guardianship;
3. the beneficiary no longer fulfills the conditions provided by the current legislation for entrustment for adoption;
4. the beneficiary no longer fulfills the conditions provided by the current legislation for maintaining foster care measures;
5. the beneficiary is serving a custodial sentence or is under preventive arrest for more than 30 days;
6. the child is abandoned or institutionalized in a public or private care institution;
7. the beneficiary has passed away;
8. 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 postal warrants have been returned.

The beneficiary of the rights is obliged to notify in writing the institution of any changes in their situation that may lead to termination or suspension of payment within 15 working days from their occurrence.

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