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A new law, which came into force on August 12, stipulates that employees who opt for a child adoption may take an accommodation leave of one year maximum, with the right to receive an allowance.
Thus, according to Law. 57/2016 amending and supplementing Law no. 273/2004 on the procedure of adoption and other legal acts, at the employees’ request, employers are obliged from now on to provide this type of leave period dedicated to custody regarding child adoption.
Either unmarried employees who will adopt a child or any of the spouses that adopts qualify for this leave, along with the monthly allowance, from the day after the enforcement of the court order regarding the custody of the new parents.
Which is the allowance’s value
According to the new law, the monthly allowance paid to the employee who is in the accommodation leave, is in the amount of 3.4 ISR (The Social Reference Indicator, which is currently worth 500 lei), meaning 1,700 lei.
Throughout the period of leave, the entitled person, whether employed or having income from self-employment or farming, will benefit from paying the individual contribution of health insurance, the amount of which is calculated by applying the percentage rate, prescribed by law, applied to the value of the allowance.
Also, in the case of the accommodation leave, there will be no tax and mandatory social contribution charging, excluding the health system contribution provided by the authorities, the period of up to one year being included in the contribution period from obtaining sick pay, pension, unemployment, parental leave and allowance.
The regulatory document also states that when determining social security benefits from the public pension system, at the calculation of insured monthly score is considered a percentage of 25% of the monthly average gross earnings for that period. Moreover, the period of accommodation leave is listed as seniority in service and specialty.
The documents to be submitted along with the application for leave and indemnity
The application for the accommodation leave is filed and registered at the Agency for Payments and Social Inspection in whose jurisdiction is the domicile/residence of the person entitled, according to the new law.
Along with this application, the following documents have to be submitted: the certificate of register according to which the court order regarding the custody for adoption comes into force, the document certifying the child moved to the new adopting parent/family, the proof of entry on leave or suspension of activity.
Unlike parental leave, besides the fact that the period is limited to half – one year, in case of accommodation leave, the parents can not benefit from integration insertion.
When the accommodation leave and the allowance payment ends
The accommodation leave and, of course, the allowance ceases on demand or, where appropriate, a day after: it has reached the maximum duration of the leave; the child reaches 18 years; the child died; person who was entitled to adopt as a single person has died; the court order regarding the revocation of the custody for adoption was final.
What are the risks for employers who do not allow the accommodation leave
According to the new law, the employers have to allow the accommodation leave. If they deny this right for their employees, may be sanctioned by labor inspectors with a fine of 1,000 – 2,500 lei.
Moreover, the employees who are in the accommodation leave, can’t be dismissed. Also, for employees who need time off in the adoption process, employers are required to grant time off without cut in salary, up to a maximum of 40 hours per year, based on an application with which it is presented the calendar of meetings or schedule visits with the child.
Otherwise, if the employer does not grant the time off, can face a fine of 1,000 – 2,500 lei.