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-related activities, 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 leave for raising a child up to the age of 2 years, 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 prior to the child's birth.

The minimum amount of the monthly allowance cannot be lower than the sum resulting from applying a multiplying 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 mentioned above may be made up entirely of periods during which the persons were in one or more of the following situations:

1. benefited from unemployment allowance or completed periods of contribution to the public pension system, under the special normative acts regulating collective layoffs;
2. were registered with the county employment agency for the purpose of granting unemployment allowance;
3. benefited from social health insurance leave and allowances;
4. benefited from medical leave and allowances for preventing illness and restoring work capacity, exclusively for situations resulting from work accidents or occupational diseases;
5. benefited from disability pension;
6. are in the period of temporary activity interruption, at the employer’s initiative, without termination of 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, for caring for a disabled child;
9. benefited from unpaid leave for raising a child;
10. are in the 3-month period from the end of one fixed-term employment contract to the beginning of another fixed-term employment contract;
11. accompanied their spouse who was sent on permanent assignment abroad;
12. performed or are performing voluntary military service, were mobilized, concentrated, or in captivity;
13. are continuously attending daily courses of pre-university education, including the "Second Chance" program, or, as the case may be, university bachelor's or master's studies, as well as postgraduate master's education, organized according to the law, in the country or abroad, in a field recognized by the Ministry of Education and Research, except for interruptions of studies due to medical reasons;
14. have the status of doctoral student;
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 by law, attended without interruption;
16. are in the period between graduation from daily courses of pre-university education, organized by law, and the beginning of university education, daily courses, in the same calendar year;
17. are in the period between the completion of a form of university education, daily courses, with or without a bachelor's or diploma exam, and the beginning, in the same calendar year, of another form of university education, daily 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 university studies, as well as of postgraduate master's courses, daily 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, daily courses, attended without interruption;
19. are in the period between the completion of a form of postgraduate education, daily courses, and the beginning, in the same calendar year, of another form of postgraduate education, daily courses, attended without interruption;
20. are in the 60-day period after completing compulsory education or, as the case may be, after graduating from daily courses of pre-university education, university bachelor's or master's studies, and postgraduate master's studies, organized by law, with or without final exams, for the purpose of employment or, as the case may be, entering unemployment, calculated from the 1st of the month following graduation;
21. benefited from unpaid leave to attend training and professional improvement courses at the employer’s initiative or with the employer’s consent;
22. are in the period between graduating from daily courses of higher medical education, with the bachelor's exam organized in the first session, and the beginning of the first residency after graduation;
23. were sent on permanent assignment abroad;
24. benefited from the monthly allowance in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, the allowance established according to social protection measures for employees and other categories of professionals 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 the allowance established according to 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 stimulating employment growth.

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

If one or more of the children resulting from multiple pregnancies are classified as disabled, 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 the monthly allowance for raising the child has already been established, by extending the period of granting if the request for extension is submitted before the termination of the previous right;

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

• either of the child's natural parents;
• either spouse to whom the child/children have been entrusted for adoption or who has 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 granted to one of the persons who adopted the child, to whom the child was entrusted for adoption, or who has the child in foster or emergency foster care, except for the professional maternal assistant who may benefit from these rights only for his/her own children, as well as the person 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 or emergency foster care, the granting of rights takes 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 foster care or guardianship was established.

If the death of the parent who met the conditions for benefiting from leave and monthly allowance intervenes, the surviving parent has the right to benefit, upon request, from 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 granting conditions.

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

The duration of the leave is extended accordingly in the case of overlapping two or more situations generating this right. In such cases, a single allowance is granted.

If the person who benefited from leave and allowance for raising the child gives birth to one or more children or finds herself in a new situation, within 12 months after completing the previous child raising leave, if the calculation of the allowance results in a lower amount of the monthly allowance for raising the child than the allowance received before the birth of the last child, the monthly allowance for raising the child 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 Romanian territory;

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

Rights representing allowances are established as follows:

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

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

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

d) starting from the day following that on which 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 cases, including when the request was submitted after the deadlines provided for in letters a)-c).

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

a) the child has reached 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 the exercise of guardianship;
3. the beneficiary no longer meets the conditions provided by law for entrusting 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 in pre-trial detention for more than 30 days;
6. the child is abandoned or placed 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 disabled child;
10. it is found that post office mandates have been returned for 3 consecutive months.

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

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