GEO on granting parents days off to supervise children when in-person teaching activities are limited or suspended by schools and early childhood education units, following the spread of the SARS-CoV-2 coronavirus

04 Sep 2020

In short:

The emergency ordinance provides for the granting of days off to one of the parents to supervise their children when in-person teaching activities are limited or suspended by schools and early childhood education units due to the SARS-CoV-2 coronavirus. This normative act applies to all public and private sector employees during periods when courses at educational institutions or day services for people with disabilities are limited or suspended, during and after the state of alert, but not later by the end of the 2020 - 2021 school year.

In detail:

Days are granted to one of the parents to supervise children throughout periods when in-person teaching activities are limited or suspended at schools and early childhood education units (nurseries, kindergartens, day centres) due to the spread of the SARS-CoV-2 coronavirus.

To benefit from those days off, parents must fulfill the following requirements:

Have children under the age of 12 or children with disabilities up to the age of 26 enrolled in a pre-school education unit or early childhood education unit;

Exceptions:

The parent or legal representative of a child with a severe disability who has opted for the monthly allowance provided by art. 42 para. (4) of Law no. 448/2006 on the protection and promotion of the rights of people with disabilities, if the activity of the day service is limited or suspended due to the spread of the SARS-CoV-2 coronavirus;

The parent or legal representative caring for, supervising or maintaining an adult with a severe disability benefitting from day services limited or suspended due to the spread of coronavirus and / or a personal carer who has opted for a monthly allowance.

The other parent does not have days off.

The term "parent" means:

natural parent;
adoptive parent;
short-term foster parent;
long-term foster parent or guardian;
nominated guardian in the absence of the parent / guardian or when the parent who exercises parental authority is abroad;
parent or legal representative of a disabled adult enrolled in an educational institution.

The ordinance will does not apply if one of the parents is in one or more of the following situations:

On parental leave;
Is the care assistant for one of the dependent children;
On unpaid leave or rest;
Their employment relationship has been suspended through temporary interruption of employer's activity, under the conditions of art. 52 para. (1) lit. c) of the Labour Code
Does not have income subject to income tax under the Fiscal Code.

Procedure for granting paid days off

Time off must be granted by the employer at the parent’s request, as submitted with the other parent’s declaration of own responsibility, a copy of the child's birth certificate or document certifying the parent status in accordance with the definition provided by the ordinance and, if applicable, a copy of the certificate of disability of the child / adult up to 26 years of age.

Time off allowance

The allowance for each day off is paid from the employer’s staff income and expenses account at 75% of the basic salary corresponding to a working day, but not more than 75% of the gross average salary established in the state social insurance budget. The indemnity is subject to tax, social insurance contributions, social health insurance and work insurance contributions under Law 227/2015 on the Fiscal Code. The indemnity amounts will be settled from the Guarantee Fund for the payment of salary claims, which will be reimbursed from the state budget by the end of the fiscal year.

With the exception of single-parent families, employees working in national defence, public order, national security, penitentiaries and public health units do not benefit from the above stipulated time off. If both parents work in those sectors, one can claim an additional salary payment of 75% of the basic work day salary, but not more than 75% of the gross average salary established in the state social insurance budget, for each working day affected during the period of teaching activity limitation or suspension. The increase is granted at the request of the parent and is supported by budgets from which the basic salary rights are supported. For public health unit employees, the increase is supported by transfers from the Single National Health Fund budget. The increase represents income subject to the calculation, transfer and declaration of tax and mandatory social contributions, according to the provisions of the Fiscal Code.

For the settlement of the amounts related to the indemnity, the employer submits an application to the employment agencies of the county / municipality of Bucharest in whose territorial area the employer or its branch or working point carries out its activity, accompanied by supporting documents regarding the fulfillment of the indemnity settlement conditions. Applications must be submitted no later than 30 days after the payment of contributions and taxes related to the allowance, with the amount settled within 15 calendar days as of the date of document registration.

Sanctions for employers

Failure by an employer to grant such time off at an employee’s request constitutes a contravention to be sanctioned with a fine of RON 1,000 to RON 2,000 for each refused employee, without exceeding a total of RON 20,000. The finding and application of sanctions is carried out by labour inspectors.

[Government Emergency Ordinance no. 147/2020 on granting days off for parents to supervise children in periods of in-person teaching activities limitation or suspension by schools and early childhood education units, following the spread of SARS-CoV-2 coronavirus, published in the Official Gazette no. 790 of 28 August 2020]

The takeaway:

Employees can benefit from days off to supervise their children during periods when in-person teaching activities are limited or suspended if: (i) they have children under the age of 12 or children with disabilities up to the age of 26 enrolled in a pre-school education or pre-school unit, and (ii) the other parent does have such days off.

The allowance for each day off is 75% of the basic work day salary corresponding, but not more than 75% of the gross average salary used in the state social insurance budget.