Persons who, in the last 2 years prior to the child's birth, have earned for at least 12 months incomes from salaries and assimilated to salaries, incomes from independent activities, incomes from intellectual property rights, incomes from agricultural, forestry and fishing activities, subject to income tax, hereinafter referred to as taxable income, are entitled to 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 last 2 years before the child’s birth date.

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

The 12 months mentioned above may be fully constituted of periods in which persons found themselves in one or more of the following situations:

1. received unemployment benefit or contributed to the public pension system under the conditions provided by special regulations governing collective layoffs;
2. were registered with the county employment agency for the purpose of granting unemployment benefits;
3. benefited from social health insurance leave and indemnities;
4. benefited from medical leave and indemnities for disease prevention and work capacity recovery, exclusively for situations resulting from work accidents or occupational diseases;
5. benefited from disability pension;
6. are during a period of temporary activity interruption initiated by the employer, without termination of the employment relationship, for economic, technological, structural, or similar reasons;
7. benefited from monthly leave and allowance for child raising;
8. benefited from monthly leave and allowance for raising or, as the case may be, caring for a disabled child;
9. benefited from unpaid leave for child raising;
10. are within a 3 month period between the end of a fixed-term work contract and the start of another fixed-term work contract;
11. accompanied their spouse who was sent on permanent mission abroad;
12. performed or are performing voluntary military service, were mobilized, conscripted or imprisoned;
13. are continuously attending daytime courses of pre-university education, including under the “Second Chance” program, or, as the case may be, university studies at bachelor’s or master’s level, as well as postgraduate education at master's level, organized in accordance with the law, in the country or abroad, in a domain recognized by the Ministry of Education and Research, except in case of interruption for 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 day pre-university education, legally organized, attended without interruption;
16. are in the period between graduating from day pre-university studies, according to the law, and the start of university day studies in the same calendar year;
17. are in the period between finishing a day university program, with or without a license or diploma exam, and the start, in the same calendar year, of another form of uninterrupted university day studies;
18. are in the period between finishing a university program at bachelor’s or master’s level, as well as postgraduate education at master’s level, day courses, and starting, in the same calendar year, another form of university education at bachelor’s or master’s level, day courses, attended without interruption;
19. are in the period between finishing a postgraduate program, day courses, and starting, in the same calendar year, another form of postgraduate day education, attended without interruption;
20. are in the 60 days period after completing compulsory education or, as the case may be, after graduating from day pre-university, university at bachelor’s or master's level, and postgraduate master's studies, organized according to the law, with or without a graduation exam, for employment or, as the case may be, registration for unemployment, starting from the first day of the month following completion of studies;
21. benefited from unpaid leave to attend training and professional development courses initiated by the employer or for which the employer agreed;
22. are in the period between graduating from day higher medical education, with a licensing exam organized in the first session, and starting 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 coronavirus SARS-CoV-2, the indemnity established according to social protection measures for employees and other professional categories in the context of prohibition, suspension or limitation of economic activities caused by the epidemiological situation generated by the spread of coronavirus SARS-CoV-2 and/or the indemnity established according to the support measures for employees and employers in the context of the epidemiological situation caused by the spread of coronavirus SARS-CoV-2, as well as for stimulating employment growth.

In order to grant these rights, persons who have performed professional activities in member states of the European Union or other countries benefit from totalizing the periods of activity carried out in these states under the conditions provided by this law.

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

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

b) if classification as disabled is established after the child/children reach the age of 2 and child-raising leave and allowance were previously granted for this child/these children, by granting a new right from the date of disability classification, if the request is submitted within 60 days from this date;

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

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

• either of the biological parents of the child/children;
• either spouse who has been entrusted with the child/children for adoption or who have adopted the child/children;
• the person who has the child in placement or in emergency placement;
• the professional maternal assistant, only for their biological or adopted children;
• the person who has been appointed as guardian.

The same rights also apply to one of the persons who has adopted the child, to whom the child was entrusted for adoption or who has the child in placement or emergency placement, except for the professional maternal assistant who may benefit from these rights only for their own children, as well as the person who has been appointed as guardian.

In the case of persons who have adopted the child, to whom the child was entrusted for adoption or who have the child in placement or emergency placement, the rights are granted taking into account the 12 months prior to the one in which, as the case may be, the adoption was approved, the entrustment was made or the placement or guardianship was instituted.

If the parent who met the conditions for child-raising leave and monthly allowance dies, the surviving parent is entitled, upon request, to the rights as follows:

a) to the rights of the deceased parent if they do not meet the conditions provided by the applicable legislation;

b) to the rights provided by the applicable legislation if they meet the conditions for granting.

Leave and monthly allowance are due for each birth or, as the case may be, for each adoption, entrustment in view of adoption, placement or emergency placement situation.

The leave period is extended accordingly in case of overlapping two or more situations that entitle to this right. In such situations only one indemnity is granted.

If the person who has benefited from leave and allowance for child-raising gives birth to one or more children or finds themselves in a new situation within 12 months from the end of the previous child-raising leave, if from the calculation of the indemnity, the amount of the new monthly allowance is lower than the one received before the birth of the latest child, the 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 on the territory of Romania;

c) resides in Romania together with the child/children for whom the rights are requested and takes care of their upbringing and care.

The rights representing allowances are established as follows:

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

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

c) starting with the date of adoption, guardianship, placement or entrustment, if the request is submitted within 60 working days from the date they were approved or, as the case may be, protection measures were instituted;

d) starting from the day after the entitled person earns taxable income, if the request is submitted within 30 working days from this date;

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

The right to allowances ceases the day after:

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

b) the child’s death.

The right to allowance is suspended the day after:

1. the beneficiary is deprived of parental rights;
2. the beneficiary is removed from exercising guardianship;
3. the beneficiary no longer meets the requirements under applicable legislation for entrusting the child for adoption;
4. the beneficiary no longer meets the requirements under applicable legislation for maintaining the placement measure;
5. the beneficiary serves a custodial sentence or is in preventive detention for more than 30 days;
6. the child is abandoned or is institutionalized in public or private care;
7. the beneficiary died;
8. in the situation where the beneficiary no longer meets the conditions for granting the rights;
9. the beneficiary earns taxable income and the child has not reached the age of 2, 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 required to notify the entity in writing of any changes in their situation that would result in the cessation or suspension of payment of rights, within 15 working days from their occurrence.

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