Persons who, in the last 2 years prior to the child's birth, have obtained for at least 12 months income from salaries and assimilated 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 child-raising leave for children up to the age of 2 years, or 3 years in the case of a child with a disability, 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 from 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 the maximum amount cannot exceed the value of 8,500 lei.

The 12 months referred to above can be entirely constituted of periods in which persons have been in one or more of the following situations:

1. have benefited from unemployment indemnity or have realized periods of contribution stage in the public pension system, under the conditions stipulated by special normative acts regulating collective redundancies;
2. have been registered with the local employment agency for the granting of unemployment indemnity;
3. have benefited from leaves and allowances for social health insurance;
4. have benefited from medical leave and allowances for the prevention of illness and the recovery of work capacity, exclusively for situations resulting from work accidents or occupational diseases;
5. have benefited from disability pension;
6. are in a period of temporary work interruption, at the employer's initiative, without termination of the employment relationship, for economic, technological, structural or similar reasons;
7. have benefited from child-raising leave and monthly allowance;
8. have benefited from leave and monthly allowance for raising or, as appropriate, caring for a child with a disability;
9. have benefited from unpaid leave for child-raising;
10. are in the period of 3 months between the termination of a fixed-term employment contract and the beginning of another fixed-term employment contract;
11. have accompanied their spouse sent on permanent mission abroad;
12. have performed or are performing voluntary military service, have been mobilized, concentrated or in captivity;
13. attend, without interruption, full-time pre-university education courses, including through the "Second Chance" program, or, as appropriate, university studies at bachelor's or master's level, as well as postgraduate studies at master 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 course interruption for medical reasons;
14. have the status of doctoral candidate;
15. are in the period between the completion of a form of pre-university education and the beginning, in the same calendar year, of another form of pre-university education, full-time, organized according to the law, attended without interruption;
16. are in the period between graduation from full-time pre-university education, organized according to the law, and the beginning of university studies, full-time, in the same calendar year;
17. are in the period between the completion of a form of university education, full-time, with or without final exam or diploma, and the beginning, in the same calendar year, of another form of university education, full-time, 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 postgraduate master studies, full-time, and the beginning, in the same calendar year, of another form of university education at bachelor's or master's level, full-time, attended without interruption;
19. are in the period between the completion of a form of postgraduate education, full-time, and the beginning, in the same calendar year, of another form of postgraduate education, full-time, attended without interruption;
20. are in the period of 60 days from the completion of compulsory education or, as appropriate, from graduation of pre-university, university at bachelor's or master's level, and postgraduate master courses, organized according to the law, with or without graduation examination, for employment or, as appropriate, entry into unemployment, calculated from the 1st day of the month following completion of studies;
21. have benefited from unpaid leave to participate in professional training and improvement courses at the employer's initiative or with the employer's consent;
22. are in the period between graduation from full-time higher medical studies, with the licensing exam organized in the first session, and the beginning 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, from the allowance established according to social protection measures for employees and other professional categories in the context of the prohibition, suspension or limitation of economic activities caused by the epidemiological situation generated by the spread of SARS-CoV-2 coronavirus and/or from the allowance established according to the support measures for employees and employers in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, as well as for encouraging employment growth.

For the granting of these rights, persons who have carried out professional activities in EU Member States or in other states benefit from the totalization of the periods of activity carried out in these states under the conditions provided by this law.

In the situation where one or more children from multiple pregnancies are classified in a degree of disability, for this/these, the allowance is granted until the child/children turns 3 years old, as follows:

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

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

• either of the natural parents of the child/children;
• either spouse to whom the child/children has/have been entrusted for adoption or has/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 their own natural or adopted children;
• the person who has been appointed as guardian.

The same rights are also enjoyed by one of the persons who has adopted the child, to whom the child has been entrusted for adoption or who has the child in foster care or in 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 has been appointed as 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 foster care or in emergency foster care, the granting of rights is made taking into account the period of 12 months prior to the one in which, as the case may be, the adoption was approved, the entrustment was made, or the foster or guardianship was instituted.

If the parent who met the conditions to benefit from the leave and monthly allowance dies, the surviving parent has the right to benefit, upon request, from the rights, as follows:

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

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

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

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

If the person who benefited from child-raising leave and allowance 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, from the calculation of the allowance, the amount of the monthly allowance for raising the child is less than the amount received before the birth of the last child, the monthly allowance received for the previous child will be granted.

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) lives in Romania 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 after the termination, according to the law, of maternity leave, if the request is submitted within 60 working days from that date;

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

c) starting with the date of adoption, institution of guardianship, foster care, or entrustment, if the request is submitted within 60 working days from the date they were approved or, as appropriate, the child protection measures were instituted;

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

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

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

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

b) the child has died.

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

1. the beneficiary loses parental rights;
2. the beneficiary is removed from the exercise of guardianship;
3. the beneficiary no longer meets the conditions provided by the applicable legislation for placing the child for adoption;
4. the beneficiary no longer meets the conditions provided by the applicable legislation for maintaining the foster measure;
5. the beneficiary is serving a custodial sentence or is 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. if 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 years, or 3 years in the case of a child with a disability;
10. it is found that for 3 consecutive months postal orders are returned.

The beneficiary of the rights is obliged to communicate in writing to the entity any change in their situation, which could cause the payment of the rights to cease or be suspended, 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.