Persons who, in the last 2 years prior to the child's birth, have earned for at least 12 months income from salaries and salary assimilated incomes, 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, are entitled to parental leave for raising a child up to 2 years old, or 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 earned in the last 12 months of the 2 years prior to the child’s birth.

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

The above-mentioned 12 months can be made up in full from periods during which individuals were in one or more of the following situations:

1. benefited from unemployment allowance or completed periods of contribution in the public pension system, under the special regulations governing collective layoffs;
2. were registered with the county employment agency for the purpose of receiving unemployment allowance;
3. benefited from medical leave and social health insurance allowances;
4. benefited from medical leave and allowances for the prevention of illness and the 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 termination of the employment relationship, for economic, technological, structural or similar reasons;
7. benefited from parental leave and monthly allowance;
8. benefited from leave and monthly allowance for the raising or, as the case may be, care of a disabled child;
9. benefited from unpaid leave for raising the child;
10. are in the period of 3 months between the termination of a fixed-term employment contract and the commencement of another fixed-term contract;
11. accompanied their spouse who was sent on a permanent mission abroad;
12. performed or are performing voluntary military service, were mobilized, deployed or taken prisoner;
13. attend, without interruption, full-time courses of pre-university education, including within the "Second Chance" program, or, as the case may be, university at bachelor's or master's level, as well as post-university 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 for interruptions due to medical reasons;
14. hold the status of PhD student;
15. are in the period between the completion of a form of pre-university education and the start, in the same calendar year, of another form of pre-university education, full-time courses, organized according to the law, attended without interruption;
16. are in the period between the graduation of full-time pre-university education, organized according to the law, and the commencement of university education, full-time courses, in the same calendar year;
17. are in the period between the completion of a form of university education, full-time courses, with or without final/bachelor’s examination, and the commencement, in the same calendar year, of another form of university education, full-time courses, attended without interruption;
18. are in the period between the completion of a form of university education, at bachelor's or master's level, as well as post-university at master's level, full-time courses, and the commencement, in the same calendar year, of another form of university education at bachelor's or master's level, full-time courses, attended without interruption;
19. are in the period between the completion of a form of post-university education, full-time courses, and the commencement, in the same calendar year, of another form of post-university education, full-time 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 from full-time pre-university, undergraduate or master's university or master's post-university education, organized according to the law, with or without a graduation examination, for the purposes of employment or, as the case may be, entry into unemployment, calculated from the 1st of the month following the completion of studies;
21. benefited from unpaid leave to attend training and professional development courses at the employer's initiative or with their consent;
22. are in the period between the graduation of full-time higher medical education, with a bachelor's examination organized in the first session, and the commencement of the first residency after graduation;
23. were sent on 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, the allowance granted under social protection measures for employees and other professional categories in the context of the prohibition, suspension or limitation of economic activities due to the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus and/or the allowance granted under support measures for employees and employers in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus, as well as for stimulating employment.

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

In the case where one or more children resulting from multiple pregnancies is classified as having a disability, for him/her/them, the allowance is granted until the child/children reach the age of 3 years, as follows:

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

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

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

The following persons are entitled to the monthly child-raising allowance:

• any of the natural parents of the child/children;
• 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 emergency foster care;
• the professional maternal assistant, only for their own natural or adopted children;
• the person who has been appointed legal guardian.

The same rights also benefit 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 emergency foster care, except for the professional maternal assistant who can benefit from these rights only for their own children, as well as the person who was appointed legal guardian.

In the case of persons who have adopted the child, to whom the child has been entrusted for adoption, or who have the child in foster care or emergency foster care, the granting of rights takes into account the 12-month period preceding the one in which, as appropriate, the adoption was approved, the entrustment was made, or the foster care or guardianship was established.

In the event of the death of the parent who fulfilled the conditions to benefit from parental leave and monthly allowance, the surviving parent has the right to receive benefits, upon request, as follows:

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

b) the rights provided for by the relevant legislation in force, if he/she meets the eligibility conditions.

Parental leave and the monthly allowance are granted for each birth or, as applicable, for each adoption, entrustment for adoption, foster care, or emergency foster care situation.

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

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

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

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

b) has domicile or residence in Romania;

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

The rights representing allowances are established as follows:

a) starting from the day following the legal end of maternity leave, if the request is lodged within 60 working days from that date;

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

c) starting from the date of adoption, establishment of guardianship, foster care, or entrustment, if the request is lodged within 60 working days from the date these measures were approved or, as applicable, established for the protection of the child;

d) starting from the day following the one in which the entitled person earns taxable income, if the request is lodged within 30 working days from this date;

e) from the date of submission of the request, for all other situations, including if the request was submitted after the deadlines set out in points a)-c).

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

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

b) the child has died.

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

1. the beneficiary is deprived of parental rights;
2. the beneficiary is removed from exercising guardianship;
3. the beneficiary no longer meets the conditions provided by law for entrustment of the child for adoption;
4. the beneficiary no longer meets the conditions provided by law for maintaining the foster care measure;
5. the beneficiary serves a custodial sentence or is held in pre-trial detention for more than 30 days;
6. the child is abandoned or is institutionalized in a public or private care institution;
7. the beneficiary has died;
8. the beneficiary no longer meets the conditions for entitlement to the rights;
9. the beneficiary earns taxable income and the child has not reached the age of 2 years, or 3 years in the case of a disabled child;
10. it is found that for 3 consecutive months postal mandates are returned.

The beneficiary of the rights is obliged to notify the entity in writing of any change in their situation that may lead to termination or suspension of the 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.