This prohibition may be extended once, by up to 6 months after complete recovery of the employee / employee in the unit.

Are excluded from the prohibition above mentioned, the situations where dismissal occurred as a result of judicial reorganization or bankruptcy of the employer, under the law, according to art. 25 paragraphs (4) of the Ordinance.

The right to parental leave is granted on nontransferable basis for people whose children are born since 1 March 2012 and those in situations referred to in art. 8 paragraph. (2), as of this date, in case that both parties of the family fulfill the conditions for granting thereof, as follows: a) at least one month from the total period of child rearing leave is allocated to one of the people who did not request this right; b) in case the person does not require the right to leave, the other parent may not have the right to leave in its place.

The employer is required to approve the parental leave provided for in art. 2 para. (1), and leave without pay provided for in art. 6 para. (1). Grant period is mutually agreed with the employee. It is forbidden for the employer to dispose termination of employment or service if: a) the employee is, as appropriate, on parental leave for children aged up to one year or up to 2 years and 3 years, in the case of children with disabilities; b) The employee is in the incentive payment insertion.

Failure to respect these rights of employees constitutes an offense punishable by a fine of 1,000 lei to 2,500 lei.

The contraventions and the fines are appropriate by the bodies with responsibilities for control of the Ministry of Labor, Family and Social Protection.


Based on internal control, the National Agency for Payments and Social Inspection checks, randomly, in the territorial agencies the accuracy of data input and the determination of the rights of monthly compensation and incentive insertion. The irregularities shall be punished under the law.